[563] Life of John Jay, by William Jay, vol. II. pp. 31, 32.

[564] Ramsay, the historian of South Carolina says, "It has been

computed by good judges, that, between 1775 and 1783, the State of

South Carolina lost twenty-five thousand negroes."

[565] Secret Journals of Congress, vol. i. pp. 107-110.

[566] Journals of Congress, vol. v. p. 123.

[567] Works of Hamilton, vol. i. pp. 114, 115.

[568] Sparks's Correspondence of the American Revolution, vol. ii. p.

402.

[569] Jefferson's Works, vol ii. p. 426.

[570] Madison Papers, p. 68.

[571] Sparks's Correspondence of the American Revolution, vol. iii. p.

246.

[572] Sparks's Correspondence of the American Revolution, vol. iii. p.

506.

[573] Ibid., p. 515.

[574] Sparks's Washington, vol. viii. pp. 322, 323.

[575] Biographical Sketch in "The National Portrait Gallery of

Distinguished Americans."

[576] Colored Patriots of the Revolution, p. 134.

[577] This return was discovered by the indefatigable Dr. George H.

Moore. It is the only document of the kind in existence.

CHAPTER XXVII.

NEGROES AS SOLDIERS.

1775-1783.

THE NEGRO AS A SOLDIER.--BATTLE OF BUNKER HILL.--GALLANTRY

OF NEGRO SOLDIERS.--PETER SALEM, THE INTREPID BLACK

SOLDIER.--BUNKER-HILL MONUMENT.--THE NEGRO SALEM POOR

DISTINGUISHES HIMSELF BY DEEDS OF DESPERATE VALOR.--CAPTURE

OF GEN. LEE.--CAPTURE OF GEN. PRESCOTT.--BATTLE OF RHODE

ISLAND.--COL. GREENE COMMANDS A NEGRO REGIMENT.--MURDER OF

COL. GREENE IN 1781.--THE VALOR OF THE NEGRO SOLDIERS.

As soldiers the Negroes went far beyond the most liberal expectations

of their stanchest friends. Associated with white men, many of whom

were superior gentlemen, and nearly all of whom were brave and

enthusiastic, the Negro soldiers of the American army became worthy of

the cause they fought to sustain. Col. Alexander Hamilton had said,

"_their natural faculties are as good as ours_;" and the assertion was

supported by their splendid behavior on all the battle-fields of the

Revolution. Endowed by nature with a poetic element, faithful to

trusts, abiding in friendships, bound by the golden threads of

attachment to places and persons, enthusiastic in personal endeavor,

sentimental and chivalric, they made hardy and intrepid soldiers. The

daring, boisterous enthusiasm with which they sprang to arms disarmed

racial prejudice of its sting, and made friends of foes.

Their cheerfulness in camp, their celerity in the performance of

fatigue-duty, their patient endurance of heat and cold, hunger and

thirst, and their bold efficiency in battle, made them welcome

companions everywhere they went. The officers who frowned at their

presence in the army at first, early learned, from experience, that

they were the equals of any troops in the army for severe service in

camp, and excellent fighting in the field.

The battle of Bunker Hill was one of the earliest and most important

of the Revolution. Negro soldiers were in the action of the 17th of

June, 1775, and nobly did their duty. Speaking of this engagement,

Bancroft says,--

"Nor should history forget to record that, as in the army at

Cambridge, so also in this gallant band, the free negroes of

the colony had their representatives."[578]

Two Negro soldiers especially distinguished themselves, and rendered

the cause of the colonists great service. Major Pitcairn was a gallant

officer of the British marines. He led the charge against the redoubt,

crying exultingly, "The day is ours!" His sudden appearance and his

commanding air at first startled the men immediately before him. They

neither answered nor fired, probably not being exactly certain what

was next to be done. At this critical moment, a Negro soldier stepped

forward, and, aiming his musket directly at the major's bosom, blew

him through.[579] Who was this intrepid black soldier, who at a

critical moment stepped to the front, and with certain aim brought

down the incarnate enemy of the colonists? What was his name, and

whence came he to battle? His name was Peter Salem, a private in Col

Nixon's regiment of the Continental Army.

"He was born in Framingham [Massachusetts], and was held as

a slave, probably until he joined the army: whereby, if not

before, he became free. ... Peter served faithfully as a

soldier, during the war."[580]

Perhaps Salem was then a slave: probably he thought of the chains and

stripes from whence he had come, of the liberty to be purchased in the

ordeals of war, and felt it his duty to show himself worthy of his

position as an American soldier. He proved that his shots were as

effective as those of a white soldier, and that he was not wanting in

any of the elements that go to make up the valiant soldier.

Significant indeed that a Negro was the first to open the hostilities

between Great Britain and the colonies,--the first to pour out his

blood as a precious libation on the altar of a people's rights; and

that here, at Bunker Hill, when the crimson and fiery tide of battle

seemed to be running hard against the small band of colonists, a Negro

soldier's steady musket brought down the haughty form of the

arch-rebel, and turned victory to the weak! England had loaded the

African with chains, and doomed him to perpetual bondage in the

North-American colonies; and when she came to forge political chains,

in the flames of fratricidal war, for an English-speaking people, the

Negro, whom she had grievously wronged, was first to meet her

soldiers, and welcome them to a hospitable grave.

Bunker-hill Monument has a charm for loyal Americans; and the Negro,

too, may gaze upon its enduring magnificence. It commemorates the

deeds, not of any particular soldier, but all who stood true to the

principles of equal rights and free government on that memorable "17th

of June."

"No name adorns the shaft; but ages hence, though our

alphabets may become as obscure as those which cover the

monuments, of Nineveh and Babylon, its uninscribed surface

(on which monarchs might be proud to engrave their titles)

will perpetuate the memory of the 17th of June. It is the

monument of the day, of the event, of the battle of Bunker

Hill; of all the brave men who shared its perils,--alike of

Prescott and Putnam and Warren, the chiefs of the day, and

the colored man, Salem, who is reported to have shot the

gallant Pitcairn, as he mounted the parapet. Cold as the

clods on which it rests, still as the silent heavens to

which it soars, it is yet vocal, eloquent, in their

undivided praise."[581]

The other Negro soldier who won for himself rare fame and

distinguished consideration in the action at Bunker Hill was Salem

Poor. Delighted with his noble bearing, his superior officers could

not refrain from calling the attention of the civil authorities to the

facts that came under their personal observation. The petition that

set forth his worth as a brave soldier is still preserved in the

manuscript archives of Massachusetts:--

"_To the Honorable General Court of the Massachusetts Bay_.

"The subscribers beg leave to report to your Honorable House

(which we do in justice to the character of so brave a man),

that, under our own observation, we declare that a negro man

called Salem Poor, of Col. Frye's regiment, Capt. Ames'

company, in the late battle at Charlestown, behaved like an

experienced officer, as well as an excellent soldier. To set

forth particulars of his conduct would be tedious. We would

only beg leave to say, in the person of this said negro

centres a brave and gallant soldier. The reward due to so

great and distinguished a character, we submit to the

Congress.

JONA. BREWER, Col. | ELIPHALET BODWELL, Sgt.

THOMAS NIXON, Lt.-Col. | JOSIAH FOSTER, Lieut.

WM. PRESCOTT, Col. | EBENR. VARNUM, 2d Lieut.

EPHm. COREY, Lieut. | WM. HUDSON BALLARD, Cpt.

JOSEPH BAKER, Lieut. | WILLIAM SMITH, Cap.

JOSHUA ROW, Lieut. | JOHN MORTON, Sergt.[?]

JONAS RICHARDSON, Capt. | Lieut. RICHARD WELSH.

"CAMBRIDGE, Dec. 5, 1775.

"In Council, Dec. 21, 1775.--Read, and sent down.

"PEREZ MORTON, _Dep'y Sec'y._"[582]

How many other Negro soldiers behaved with cool and determined valor

at Bunker Hill, it is not possible to know. But many were there; they

did their duty as faithful men, and their achievements are the

heritage of the free of all colors under our one flag. Col. Trumbull,

an artist as well as a soldier, who was stationed at Roxbury,

witnessed the engagement from that elevation. Inspired by the scene,

when it was yet fresh in his mind, he painted the historic picture of

the battle in 1786. He represents several Negroes in good view, while

conspicuous in the foreground is the redoubtable Peter Salem. Some

subsequent artists--mere copyists--have sought to consign this black

hero to oblivion, but 'tis vain. Although the monument at Bunker Hill

"does not bear his name, the pencil of the artist has portrayed the

scene, the pen of the impartial historian has recorded his

achievement, and the voice of the eloquent orator has resounded his

valor."

Major Samuel Lawrence "at one time commanded a company whose rank and

file were all Negroes, of whose courage, military discipline, and

fidelity he always spoke with respect. On one occasion, being out

reconnoitring with this company, he got so far in advance of his

command, that he was surrounded, and on the point of being made

prisoner by the enemy. The men, soon discovering his peril, rushed to

his rescue, and fought with the most determined bravery till that

rescue was effectually secured. He never forgot this circumstance, and

ever after took especial pains to show kindness and hospitality to any

individual of the colored race who came near his dwelling."[583]

Gen. Lee, of the American army, was captured by Col. Harcourt of the

British army. It was regarded as a very distressing event; and

preparations were made to capture a British officer of the same rank,

so an exchange could be effected. Col. Barton of the Rhode-Island

militia, a brave and cautious officer, was charged with the capture of

Major-Gen. Prescott, commanding the royal army at Newport. On the

night of the 9th of July, 1777, Col. Barton, with forty men, in two

boats with muffled oars, evaded the enemy's boats, and, being taken

for the sentries at Prescott's head-quarters, effected that officer's

capture--a Negro taking him. The exploit was bold and successful.

"They landed about five miles from Newport, and

three-quarters of a mile from the house, which they

approached cautiously, avoiding the main guard, which was

at some distance. _The Colonel went foremost, with a stout,

active negro close behind him, and another at a small

distance; the rest followed so as to be near, but not seen_.

"A single sentinel at the door saw and hailed the Colonel;

he answered by exclaiming against, and inquiring for, rebel

prisoners, but kept slowly advancing. The sentinel again

challenged him, and required the countersign. He said he had

not the countersign, but amused the sentry by talking about

rebel prisoners, and still advancing till he came within

reach of the bayonet, which, he presenting, the Colonel

suddenly struck aside and seized him. He was immediately

secured, and ordered to be silent, on pain of instant death.

_Meanwhile, the rest of the men surrounding the house, the

negro, with his head, at the second stroke forced a passage

into it, and then into the landlord's apartment. The

landlord at first refused to give the necessary

intelligence; but, on the prospect of present death he

pointed to the General's chamber, which being instantly

opened by the negro's head, the Colonel calling the General

by name, told him he was a prisoner_."[584]

Another account was published by a surgeon of the army, and is given

here:--

"_Albany_, Aug. 3, 1777.--The pleasing information is

received here that Lieut.-Col. Barton, of the Rhode-Island

militia, planned a bold exploit for the purpose of

surprising and taking Major-Gen. Prescott, the commanding

officer of the royal army at Newport. Taking with him, in

the night, about forty men, in two boats, with oars muffled,

he had the address to elude the vigilance of the

ships-of-war and guard-boats: and, having arrived

undiscovered at the quarters of Gen. Prescott, they were

taken for the sentinels; and the general was not alarmed

till his captors were at the door of his lodging-chamber,

which was fast closed. _A negro man, named Prince, instantly

thrust his beetle head through the panel door; and seized

his victim while in bed...._ This event is extremely

honorable to the enterprising spirit of Col. Barton, and is

considered as ample retaliation for the capture of Gen. Lee

by Col. Harcourt. The event occasions great joy and

exultation, as it puts in our possession an officer of equal

rank with Gen. Lee, by which means an exchange may be

obtained. Congress resolved that an elegant sword should be

presented to Col. Barton for his brave exploit."[585]

Col. Barton evidently entertained great respect for the valor and

trustworthiness of the Negro soldier whom he made the chief actor in a

most hazardous undertaking. It was the post of honor; and the Negro

soldier Prince discharged the duty assigned him in a manner that was

entirely satisfactory to his superior officer, and crowned as one of

the most daring and brilliant _coups d'état_ of the American

Revolution.

The battle of Rhode Island, fought on the 29th of August, 1778, was

one of the severest of the Revolution. Newport was laid under siege by

the British. Their ships-of-war moved up the bay on the morning of the

action, and opened a galling fire upon the exposed right flank of the

American army; while the Hessian columns, stretching across a chain of

the "highland," attempted to turn Gen. Greene's flank, and storm the

advanced redoubt. The heavy cannonading that had continued since nine

in the morning was now accompanied by heavy skirmishing; and the

action began to be general all along the lines. The American army was

disposed in three lines of battle; the first extended in front of

their earthworks on Butt's Hill, the second in rear of the hill, and

the third as reserve a half-mile in the rear of the advance line. At

ten o'clock the battle was at white heat. The British vessels kept up

a fire that greatly annoyed the Americans, but imparted courage to the

Hessians and British infantry. At length the foot columns massed, and

swept down the slopes of Anthony's Hill with the impetuosity of a

whirlwind. But the American columns received them with the intrepidity

and coolness of veterans. The loss of the enemy was fearful.

"Sixty were found dead in one spot. At another, thirty

Hessians were buried in one grave. Major-Gen. Greene

commanded on the right. Of the four brigades under his

immediate command, Varnum's, Glover's, Cornell's and

Greene's, all suffered severely, but Gen. Varnum's perhaps

the most. A third time the enemy, with desperate courage and

increased strength, attempted to assail the redoubt, and

would have carried it but for the timely aid of two

continental battalions despatched by Sullivan to support his

almost exhausted troops. It was in repelling these furious

onsets, that the newly raised black regiment, under Col.

Greene, distinguished itself by deeds of desperate valor.

Posted behind a thicket in the valley, they three times

drove back the Hessians who charged repeatedly down the hill

to dislodge them; and so determined were the enemy in these

successive charges, that the day after the battle the

Hessian colonel, upon whom this duty had devolved, applied

to exchange his command and go to New York, because he dared

not lead his regiment again to battle, lest his men should

shoot him for having caused them so much loss."[586]

A few years later the Marquis de Chastellux, writing of this regiment,

said,--

"The 5th [of January, 1781] I did not set out till eleven,

although I had thirty miles' journey to Lebanon. At the

passage to the ferry, I met with a detachment of the

Rhode-Island regiment, the same corps we had with us all

the last summer, but they have since been recruited and

clothed. The greatest part of them are negroes or mulattoes;

but they are strong, robust men, and those I have seen had a

very good appearance.'"[587]

On the 14th of May, 1781, the gallant Col. Greene was surprised and

murdered at Point's Bridge, New York, but it was not effected until

his brave black soldiers had been cut to pieces in defending their

leader. It was one of the most touching and beautiful incidents of the

war, and illustrates the self-sacrificing devotion of Negro soldiers

to the cause of American liberty.

At a meeting of the Congregational and Presbyterian Anti-Slavery

Society, at Francestown, N.H., the Rev. Dr. Harris, himself a

Revolutionary soldier, spoke thus complimentarily of the Rhode-Island

Negro regiment:--

"Yes, a regiment of _negroes_, fighting for _our_ liberty

and independence,--not a white man among them but the

officers,--stationed in this same dangerous and responsible

position. Had they been unfaithful, or driven away before

the enemy, all would have been lost. _Three times in

succession_ were they attacked, with most desperate valor

and fury, by well disciplined and veteran troops, and _three

times_ did they successfully repel the assault, and thus

preserve our army from capture. They fought through the war.

They were brave, hardy troops. They helped to gain our

liberty and independence."

From the opening to the closing scene of the Revolutionary War; from

the death of Pitcairn to the surrender of Cornwallis; on many fields

of strife and triumph, of splendid valor and republican glory; from

the hazy dawn of unequal and uncertain conflict, to the bright morn of

profound peace; through and out of the fires of a great war that gave

birth to a new, a grand republic,--the Negro soldier fought his way to

undimmed glory, and made for himself a magnificent record in the

annals of American history. Those annals have long since been

committed to the jealous care of the loyal citizens of the Republic

black men fought so heroically to snatch from the iron clutches of

Britain.

FOOTNOTES:

[578] Bancroft, vol. vii., 6th ed., p. 421.

[579] An Historical Research, p. 93.

[580] History of Leicester, p. 267.

[581] Orations and Speeches of Everett, vol. iii. p. 529.

[582] MS. Archives of Massachusetts, vol. clxxx, p. 241.

[583] Memoir of Samuel Lawrence, by Rev. S.K. Lothrop, D.D., pp. 8, 9.

[584] Frank Moore's Diary of the American Revolution, vol. i. p. 468.

[585] Thatcher's Military Journal, p. 87.

[586] Arnold's History of Rhode Island, vol. ii. pp. 427, 428.

[587] Chastellux' Travels, vol. i. p. 454; London, 1789.

CHAPTER XXVIII.

LEGAL STATUS OF THE NEGRO DURING THE REVOLUTION.

1775-1783.

THE NEGRO WAS CHATTEL OR REAL PROPERTY.--HIS LEGAL STATUS

DURING HIS NEW RELATION AS A SOLDIER.--RESOLUTION INTRODUCED

IN THE MASSACHUSETTS HOUSE OF REPRESENTATIVES TO PREVENT THE

SELLING OF TWO NEGROES CAPTURED UPON THE HIGH SEAS.--THE

CONTINENTAL CONGRESS APPOINTS A COMMITTEE TO CONSIDER WHAT

SHOULD BE DONE WITH NEGROES TAKEN IN VESSELS OF WAR IN THE

SERVICE OF THE UNITED COLONIES.--CONFEDERATION OF THE NEW

STATES.--SPIRITED DEBATE IN CONGRESS RESPECTING THE DISPOSAL

OF RECAPTURES.--THE SPANISH SHIP "VICTORIA" CAPTURES AN

ENGLISH VESSEL HAVING ON BOARD THIRTY FOUR NEGROES TAKEN

FROM SOUTH CAROLINA--THE NEGROES RECAPTURED BY VESSELS

BELONGING TO THE STATE OF MASSACHUSETTS.--THEY ARE DELIVERED

TO THOMAS KNOX, AND CONVEYED TO CASTLE ISLAND.--COL. PAUL

REVERE HAS CHARGE OF THE SLAVES ON CASTLE

ISLAND.--MASSACHUSETTS PASSES A LAW PROVIDING FOR THE

SECURITY, SUPPORT, AND EXCHANGE OF PRISONERS BROUGHT INTO

THE STATE.--GEN. HANCOCK RECEIVES A LETTER FROM THE GOVERNOR

OF SOUTH CAROLINA RESPECTING THE DETENTION OF NEGROES.--IN

THE PROVINCIAL ARTICLES BETWEEN THE UNITED STATES OF AMERICA

AND HIS BRITANNIC MAJESTY, NEGROES WERE RATED AS

PROPERTY.--AND ALSO IN THE DEFINITE TREATY OF PEACE BETWEEN

THE UNITED STATES OF AMERICA AND HIS BRITANNIC MAJESTY.--AND

ALSO IN THE TREATY OF PEACE OF 1814, BETWEEN HIS BRITANNIC

MAJESTY AND THE UNITED STATES, NEGROES WERE DESIGNATED AS

PROPERTY.--GEN. WASHINGTON'S LETTER TO BRIG. GEN. RUFUS

PUTNAM IN REGARD TO A NEGRO IN HIS REGIMENT CLAIMED BY MR.

HOBBY.--ENLISTMENT IN THE ARMY DID NOT ALWAYS WORK A

PRACTICAL EMANCIPATION.

When the Revolutionary War began, the legal status of the Negro slave

was clearly defined in the courts of all the colonies. He was either

chattel or real property. The question naturally arose as to his legal

status during his new relation as a soldier. Could he be taken as

property, or as a prisoner of war? Was he booty, or was he entitled to

the usage of civilized warfare,--a freeman, and therefore to be

treated as such?

The Continental Congress, Nov. 25, 1775, passed a resolution

recommending the several colonial legislatures to establish courts

that should give jurisdiction to courts, already in existence, to

dispose of "cases of capture." In fact, and probably in law, Congress

exercised power in cases of appeal. Moreover, Congress had prescribed

a rule for the distribution of prizes. But, curiously enough,

Massachusetts, in 1776, passed an Act declaring, that, in case

captures were made by the forces of the colony, the local authorities

should have complete jurisdiction in their distribution; but, when

prizes or captives were taken upon colonial territory by the forces of

the United Colonies, the distributions should be made in accordance

with the laws of Congress. This was but a single illustration of the

divided sovereignty of a crude government. That there was need of a

uniform law upon this question, there could be no doubt, especially in

a war of the magnitude of the one that was then being waged.

On the 13th of September, 1776, a resolution was introduced into the

Massachusetts House of Representatives, "to prevent the sale of two

negro men lately brought into this state, as prisoners taken on the

high seas, and advertised to be sold at Salem, the 17th inst., by

public auction."[588] The resolve in full is here given:--

"IN THE HOUSE OF REPRESENTATIVES, SEPT. 13, 1776:

"Whereas this House is credibly informed that two negro men

lately brought into this State as prisoners taken on the

High Seas are advertised to be sold at Salem, the 17th

instant, by public auction,

"_Resolved_, That the selling and enslaving the human

species is a direct violation of the natural rights alike

vested in all men by their Creator, and utterly inconsistent

with the avowed principles on which this and the other

United States have carried their struggle for liberty even

to the last appeal, and therefore, that all persons

connected with the said negroes be and they hereby are

forbidden to sell them or in any manner to treat them

otherways than is already ordered for the treatment of

prisoners of war taken in the same vessell or others in the

like employ and if any sale of the said negroes shall be

made, it is hereby declared null and void.

"Sent up for concurrence.

"SAM'L. FREEMAN, _Speaker_, P.T.

"IN COUNCIL, Sept. 14, 1776. Read and concurred as taken

into a new draught. Sent down for concurrence.

"JOHN AVERY, _Dpy. Secy._

"IN THE HOUSE OF REPRESENTATIVES, Sept. 14, 1776. Read and

non-concurred, and the House adhere to their own vote. Sent

up for concurrence.

"J. WARREN, _Speaker_.

"IN COUNCIL, Sept. 16, 1776. Read and concurred as now taken

into a new draft. Sent down for concurrence.

"JOHN AVERY, _Dpy. Secy._

"IN THE HOUSE OF REPRESENTATIVES, Sept. 16, 1779. Read and

concurred.

"J. WARREN, _Speaker_.

"Consented to.

"JER. POWELL, JABEZ FISHER,

W. SEVER, B. WHITE,

B. GREENLEAF, MOSES GILL,

CALEB CUSHING, DAN'L HOPKINS,

B. CHADBOURN, BENJ. AUSTIN,

JOHN WHETCOMB, WM. PHILLIPS,

ELDAD TAYLOR, D. SEWALL,

S. HOLTEN, DAN'L HOPKINS."

On the Journal of the House, p. 106, appears the following record,--

"David Sewall, Esq., brought down the resolve which passed

the House yesterday, forbidding the sale of two negroes,

with the following vote of Council thereon, viz _In

Council_, Sept. 14, 1776. Read and concurred, as taken into

a new draught. Sent down for concurrence. Read and

non-concurred, and the House adhere to their own vote. Sent

up for concurrence."

The resolve, as it originally appeared, was dragged through a tedious

debate, non-concurred in by the House, recommitted, remodelled, and

sent back, when it finally passed.

"LXXXIII. Resolve forbidding the sale of two Negroes brought

in as Prisoners; Passed September 14, [16th,] 1776.

"Whereas this Court is credibly informed that two Negro Men

lately taken on the High Seas, on board the sloop

_Hannibal_, and brought into this State as Prisoners, are

advertized to be sold at _Salem_, the 17th instant, by

public Auction:

"_Resolved_, That all Persons concerned with the said

Negroes be, and they are hereby forbidden to sell them, or

in any manner to treat them otherwise than is already

ordered for the Treatment of Prisoners taken in like manner;

and if any Sale of the said Negroes shall be made it is

hereby declared null and void, and that whenever it shall

appear that any Negroes are taken on the High Seas and

brought as Prisoners into this State, they shall not be

allowed to be Sold, nor treated any otherwise than as

Prisoners are ordered to be treated who are taken in like

Manner."[589]

It looked like a new resolve. The pronounced and advanced sentiment in

favor of the equal rights of all created beings had been taken out,

and it appeared now as a war measure, warranted upon military policy.

This is the only chaplet that the most devout friends of

Massachusetts can weave out of her acts on the Negro problem during

the colonial period, to place upon her brow. It attracted wide-spread

and deserved attention.

During the following month, on the 14th of October, 1776, the

Continental Congress appointed a special committee, Messrs. Lee,

Wilson, and Hall, "to consider what is to be done with Negroes taken

by vessels of war, in the service of the United States." Here was a

profound legal problem presented for solution. According to ancient

custom and law, slaves came as the bloody logic of war. War between

nations was of necessity international; but while this truth had stood

through many centuries, the conversion of the Northern nations of

Europe into organized society greatly modified the old doctrine of

slavery. Coming under the enlightening influences of modern

international law, war captives could not be reduced to slavery.[590]

This doctrine was thoroughly understood, doubtless, in the

North-American colonies as in Europe. But the almost universal

doctrine of property in the Negro, and his status in the courts of the

colonies, gave the royal army great advantage in the appropriation of

Negro captives, under the plea that they were "property," and hence

legitimate "spoils of war;" while, on the part of the colonists, to

declare that captured Negroes were entitled to the treatment of

"prisoners of war," was to reverse a principle of law as old as their

government. It was, in fact, an abandonment of the claim of property

in the Negro. It was a recognition of his rights as a soldier, a

bestowal of the highest favors known in the treatment of captives of

war.[591] But there was another difficulty in the way. Slavery had

been recognized in the venerable memorials of the most remote nations.

This condition was coeval with the history of all nations, but nowhere

regarded as a relation of a local character. It grew up in social

compacts, in organized communities of men, and in great and powerful

states. It was recognized in private international law; and the

relation of master and slave was guarded in their local _habitat_, and

respected wherever found.[592] And this relation, this property in

man, did not cease because the slave sought another nation, for it

was recognized in all the commercial transactions of nations. Now,

upon this principle, the colonists were likely to claim their right to

property in slaves captured.

The confederation of the new States was effected on the 1st of March,

1781. Art. IX. gave the "United States in Congress assembled" the

exclusive authority of making laws to govern the disposal of all

captures made by land or water; to decide which were legal; how prizes

taken by the land or naval force of the government should be

appropriated, and the right to establish courts of competent

jurisdiction in such case, etc. The first legislation under this

article was an Act establishing a court of appeals on the 4th of June,

1781. It was discussed on the 25th of June, and again, on the 17th of

July, took up a great deal of time, but was recommitted. The committee

were instructed to prepare an ordinance regulating the proceedings of

the admiralty cases, in the several States, in instances of capture;

to codify all resolutions and laws upon the subject; and to request

the States to enact such provisions as would be in harmony with the

reserved rights of the Congress in such cases as were specified in the

Ninth Article. Accordingly, on the 21st of September, 1781, the

committee reported to Congress the results of their labor, in a bill

on the subject of captures. Upon the question of agreeing to the

following section, the yeas and nays were demanded by Mr. Mathews of

South Carolina:--

"On the recapture by a citizen of any negro, mulatto,

Indian, or other person from whom labor or service is

lawfully claimed by _another citizen_, specific restitution

shall be adjudged to the claimant, whether the original

capture shall have been made on land or water, a reasonable

salvage being paid by the claimant to the recaptor, not

exceeding one-fourth part of the value of such labor or

service, to be estimated according to the laws of the State

_of which the claimant shall be a citizen_: but if the

service of such negro, mulatto, Indian or other person,

captured below high-water mark, shall not be legally claimed

_by a citizen of these United States_, he shall be set at

liberty."

The delegates from North Carolina, Delaware, New Jersey, and

Connecticut, refrained from voting; South Carolina voted in the

negative: but it was carried by twenty-eight yeas, against two nays.

After a spirited debate, continuing through several days, and having

received several amendments, it finally passed on Dec. 4, 1781, as

follows:--

"On the recapture by a citizen of any negro, mulatto,

Indian, or other person, from whom labor or service is

lawfully claimed by _a State or a citizen of a State_,

specific restitution shall be adjudged to the claimant,

whether the original capture shall have been made on land or

water, _and without regard to the time of possession by the

enemy_, a reasonable salvage being paid by the claimant to

the recaptor, not exceeding 1-4th of the value of such labor

or service, to be estimated according to the laws of the

State _under which the claim shall be made_.

"But if the service of such negro, mulatto, Indian, or other

person, captured below high water mark, shall not be legally

claimed _within a year and a day from the sentence of the

Court_, he shall be set at liberty."

It should be carefully observed that the above law refers only to

_recaptures_. It would be interesting to know the views the committee

entertained in reference to slaves captured by the ministerial army.

Nothing was said about this interesting feature of the case. Why

Congress did not claim proper treatment of the slaves captured by the

enemy while in the service of the United Colonies, is not known.

Doubtless its leaders saw where the logic of such a position would

lead them. The word "another" was left out of the original measure,

and was made to read, in the one that passed, "_a State or citizen_;"

as if it were feared that, by implication, a Negro would be recognized

as a _citizen_.

By the proclamation of Sir Henry Clinton, already mentioned in the

preceding chapter, Negroes were threatened with sale for "the public

service;" and Mr. Jefferson in his letter to Mr. Gordon (see preceding

chapter), says the enemy sold the Negroes captured in Virginia into

the West Indies. After the capture of Stony Point by Gen. Wayne,

concerning two Negroes who fell into his hands, he wrote to

Lieut.-Col. Meigs from New Windsor on the 25th of July, 1779, as

follows:--

"The wish of the officers to free the three Negroes after a

few Years Service meets my most hearty approbation but as

the Chance of War or other Incidents may prevent the officer

[owner] from Compling with the Intention of the Officers it

will be proper for the purchaser or purchasers to sign a

Condition in the Orderly Book.

" ... I wou'd cheerfully join them in their Immediate

Manumission--if a few days makes no material difference I

could wish the sale put off until a Consultation may be had,

& the opinion of the Officers taken on this Business."[593]

In June, 1779, a Spanish ship called "Victoria" sailed from

Charleston, S.C., for Cadiz. During the first part of her voyage she

was run down by a British privateer; but, instead of being captured,

she seized her assailant, and found on board thirty-four Negroes, whom

the English vessel had taken from plantations in South Carolina. The

Spaniards got the Negroes on board their ship, disabled the English

vessel, and then dismissed her. Within a few days she was taken by two

British letters-of-marque, and headed for New York. During her passage

thither she was re-captured by the "Hazard" and "Tyrannicide," armed

vessels in the service of Massachusetts, and taken into the port of

Boston. By direction of the Board of War she was ordered into the

charge of Capt. Johnson, and was unloaded on the 21st of June. The

Board of War reported to the Legislature that there were thirty-four

Negroes "taken on the high seas and brought into the state." On the

23d of June [1780] the Legislature ordered "that Gen. Lovell, Capt.

Adams, and Mr. Cranch, be a committee to consider what is proper to be

done with a number of negroes brought into port in the prize ship

called the[594] Lady Gage."[595] On the 24th of June, "the committee

appointed to take into consideration the state and circumstances of a

number of negroes lately brought into the port of Boston, reported a

resolve directing the Board of War to inform our delegates in Congress

of the state of facts relative to them, to put them into the barracks

on Castle Island, and cause them to be supplied and employed."[596]

The resolve passed without opposition.

"CLXXX. _Resolve on the Representation of the Board of War

respecting a number of negroes captured and brought into

this State_. Passed June 24, 1779.

"On the representation made to this Court by the Board of

War respecting a number of negroes brought into the Port of

Boston, on board the Prize Ship Victoria:

"_Resolved_, that the Board of War be and they are hereby

directed forthwith to write to our Delegates in Congress,

informing them of the State of Facts relating to said

Negroes, requesting them to give information thereof to the

Delegates from the State of _South Carolina_, that so proper

measures may be taken for the return of said Negroes,

agreeable to their desire.

"And it is further _Resolved_, that the Board of War be and

they hereby are directed to put the said Negroes, in the

mean time, into the barracks on Castle Island in the Harbor

of Boston, and cause them to be supplied with such

Provision and Clothing as shall be necessary for their

comfortable support, putting them under the care and

direction of some Prudent person or Persons, whose business

it shall be to see that the able-bodied men may be usefully

employed during their stay in carrying on the Fortifications

on said Island, or elsewhere within the said Harbor; and

that the Women be employed according to their ability in

Cooking, Washing, etc. And that the said Board of War keep

an exact Account of their Expenditures in supporting said

Negroes."[597]

The Negroes were delivered to Thomas Knox on the 28th of June, and

were conveyed "to Castle Island pr. Order of Court." The Board of War

voted the "34 Negroes delivered" rations. Lieut.-Col. Paul Revere was

instructed to "issue to the Negroes at Castle Island--1 lb. of Beef, 1

lb. of Rice pr. day." The following letter is not without interest:--

"WAR OFFICE, 28 June, 1779.

"LT.-COL. REVERE,

"Agreeable to a Resolve of Court we send to Castle Island

and place under your care the following Negroes, viz.:

[19] Men,

[10] Women,

[5] Children,

lately brought into this Port in the Spanish retaken Ship

Victoria. The Men are to be employed on the Fortifications

there or elsewhere in the Harbor, in the most useful manner,

and the Women and Children, according to their ability, in

Cooking, Washing, etc. They are to be allowed for their

subsistence One lb. of Beef, and one lb. of Rice per day

each, which Commissary Salisbury will furnish upon your

order, and this to continue until our further orders.

"_By Order of the Board_."

In accordance with the order of the Legislature, made on the 24th of

June, the president of the Board of War, Samuel P. Savage, wrote a

letter to the Massachusetts delegates in Congress, dated "War Office

June 29th 1779," calling attention to the re-captured Negroes. The

letter closed with the following:--

"Every necessary for the speedy discharge of these people,

we have no doubt you will take, that as much expense as

possible may be saved to those who call themselves their

owners."

The writer was at pains to enumerate, in his letter, such slaves as he

was enabled to locate.

"5 Men 4 Women 4 Boys 1 Girl belonging to Mr. Wm. Vryne.

"9 Men 1 Woman belonging to Mr. Anthony Pawley.

"1 Man belonging to Mr. Thomas Todd.

"2 Men 3 Women belonging to Mr. Henry Lewis.

"2 Men 2 Women belonging to Mr. William Pawley.

"One of the negroes is an elderly sensible man, calls

himself James, and says he is free, which we have no reason

to doubt the truth of. He also says that he with the rest of

the Negroes were taken from a place called Georgetown."[598]

Pending the action of the _lawful_ owners of these captives, the

council instructed the commandant of Castle Island, Col. Paul Revere,

to place out to service, in different towns, some of the Negroes, with

the understanding that they should be delivered up to the authorities

on their order. Some were delivered to gentlemen who desired them as

servants. But in the fall of 1779 quite a number were still on the

island, as may be seen by the following touching letter:--

"BOSTON, Oct'r. 12. 1779. A Return of y'e Negroes at Castle

Island, Viz.:

"NEGRO MEN.

"1. ANTHONY. 6. BOBB. 11. JUNE.

2. PARTRICK. 7. ANTHONEY. 12. RHODICK.

3. PADDE. 8. ADAM. 13. JACK.

4. ISAAC. 9. JACK. 14. FULLER.

5. QUASH. 10. GYE. 15. LEWIS.

"_The above men are stout fellows_.

"NEGRO BOYS.

"No. 1. SMART.

2. RICHARD.

"_Boys very small_.

"NEGRO WOOMEN. NEGRO GIRLS.

"No. 1. KITTEY. No. 1. LYSETT.

2. LUCY. 2. SALLY

3. MILLEY. 3. MERCY.

4. LANDER.

"_Pretty large_. _Rather stout_.

"_Gentlemen.

"The Scituation of these Negroes is pitiable with respect to

Cloathing.

"I am, Gen't.

"Your very hum. Serv't.

"John Hancock._"[599]

"OCT. 12, 1779."

In the mean time some of the reputed owners of the Negroes at Castle

Island had come from Charleston, S.C., to secure their property. When

they arrived in Boston they secured the services of John Codman, Isaac

Smith, and William Smith, who on the 15th of November, 1779,

petitioned the Council for the "restitution" of slaves taken by a

British privateer, and retaken by two armed vessels of Massachusetts.

A committee was appointed to consider the petitions, and report what

action should be taken in the matter. Two days later another petition

was presented to the Council by one John Winthrop, "praying that

certain negroes, who were brought into this state by the Hazard and

Tyrannicide, may be delivered to him." It was referred to the

committee appointed on the 15th of November. On the 18th of November,

"Jabez Fisher, Esq., brought down a report of the Committee of both

Houses on the petition of Isaac Smith, being by way of resolve,

directing the Board of War to deliver so many of the negroes therein

mentioned, as are now alive. Passed in Council, and sent down for

concurrence." The order of the House is, "Read and concurred, as taken

into a new draught. Sent up for concurrence."

It is printed among the resolves of November, 1779.

"XXXI. Resolve relinquishing this state's claim to a number

of Negroes, passed November 18, 1779.

"Whereas a number of negroes were re-captured and brought

into this State by the armed vessels Hazard and Tyrannicide,

and have since been supported at the expense of this State,

and as the original owners of said Negroes now apply for

them:

"Therefore _Resolved_, That this Court hereby relinquish and

give up any claim they may have upon the said owners for

re-capturing said negroes: Provided they pay to the Board of

War of this State the expence that has arisen for the

support and clothing of the Negroes aforesaid."[600]

On the 12th of April, 1780, Massachusetts passed an Act providing more

effectually "for the security, support, and exchange of prisoners of

war brought into the State." It declares that

"All Prisoners of War, whether captured by the Army or Navy

of the United States, or armed Ships or Vessels of any of

the United States, or by the Subjects, Troops, Ships, or

Vessels of War of this State, and brought into the same, or

cast on shore by shipwreck on the coast thereof ... all such

prisoners, so brought in or cast on shore (including

Indians, Negroes, and Molatoes) be treated in all respects

as prisoners of war to the United States, any law or resolve

or this Court to the contrary notwithstanding."[601]

The above Act was passed in compliance with a resolution of Congress,

Jan. 13, 1780; and it repealed an Act of 1777, that made no provisions

for the capture of Negroes.

On the 23d of January, 1784, Gov. Hancock sent a message to the

Legislature, transmitting correspondence received dining the

adjournment of the Legislature from Oct 28, 1783, to Jan. 21, 1784.

Calling the attention of the Legislature to this correspondence, he

referred to a letter from "His Excellency the Governor of South

Carolina, respecting the detention of some Negroes here, belonging to

the subjects of that state. I have communicated it to the Judges of

the Supreme Judicial Court--their observations upon it are with the

Papers. I have made no reply to the letter, judging it best to have

your decision upon it."[602] The same papers on the same day were read

in the Senate, and a joint committee of both houses was appointed. The

committee reported to both branches of the Legislature on the 23d of

March, 1784, and the report was adopted. A request was made of the

governor to furnish copies of the opinions of the judges, etc.

"CLXXI. Order requesting the Governor to write to Governor

_Guerard_ of _South Carolina_, inclosing the letter of the

Judges of the Supreme Judicial Court, March, 23d, 1784.

"_Ordered_, that his Excellency the Governor be requested to

write to His Excellency _Benjamin Guerard_, Governor of

_South Carolina_, inclosing for the information of Governor

Guerard, the letter of the Judges of the Supreme Judicial

Court of this Commonwealth, with the copy in the said letter

referred to, upon the subject of Governor _Guerard's_

letter, dated the sixth October, 1783."

The papers referred to seem to have been lost, but extracts are here

produced:--

"GOVERNOR GUERARD TO GOVERNOR HANCOCK, 6th October, 1783.

EXTRACT. "That such adoption is favoring rather of the

Tyranny of Great Britain which occasioned her the loss of

these States--that no act of British Tyranny could exceed

the encouraging the negroes from the State owning them to

desert their owners to be emancipated--that it seems

arbitrary and domination--assuming for the Judicial

Department of any one State, to prevent a restoration voted

by the Legislature and ordained by Congress. That the

liberation of our negroes disclosed a specimen of Puritanism

I should not have expected from gentlemen of my Profession."

MEMORANDUM. "He had demanded fugitives, carried off by the

British, captured by the North, and not given up by the

interference of the Judiciary.' Governor Hancock referred

the subject to the Judges."

"JUDGES CUSHING AND SARGENT TO GOVERNOR HANCOCK, Boston,

Dec. 20, 1783.

EXTRACT. "How this determination is an attack upon the

spirit, freedom, dignity, independence, and sovereignty of

South Carolina, we are unable to conceive. That this has any

connection with, or relation to Puritanism, we believe is

above y'r Excellency's comprehension as it is above ours. We

should be sincerely sorry to do any thing inconsistent with

the Union of the States, which is and must continue to be

the basis of our Liberties and Independence; on the contrary

we wish it may be strengthened, confirmed, and endure for

ever."[603]

By the Treaty of Peace in 1783, Negroes were put in the same category

with horses and other articles of property.[604]

"Negroes [says Mr. Hamilton], by the laws of the States, in

which slavery is allowed, are personal property. They,

therefore, on the principle of those laws, like horses,

cattle and other movables, were liable to become booty--and

belonged to the enemy, [captor] as soon as they came into

his hands. Belonging to him, he was free either to apply

them to his own use, or set them at liberty. If he did the

latter, the grant was irrevocable, restitution was

impossible. Nothing in the laws of nations or in those of

Great Britain, will authorize the resumption of liberty,

once granted to a human being."[605]

On the 6th of May, 1783, Gen. Washington wrote Sir Guy Carleton:--

"In the course of our conversation on this point, I was

surprised to hear you mention, that an embarkation had

already taken place, in which a large number of negroes had

been carried away. Whether this conduct is consonant to, or

how far it may be deemed an infraction of the treaty, is not

for me to decide. I cannot, however, conceal from you, that

my private opinion is, that the measure is totally different

from the letter and spirit of the treaty. But waiving the

discussion of the point, and leaving its decision to our

respective sovereigns; I find it my duty to signify my

readiness, in conjunction with your Excellency, to enter

into any agreement, or take any measures, which may be

deemed expedient, to prevent the future carrying away of any

negroes, or other property of the American

inhabitants."[606]

In his reply, dated New York, May 12, 1783, Sir Guy Carleton says,--

"I enclose a copy of an order, which I have given out to

prevent the carrying away any negroes or other property of

the American inhabitants."[607]

It is clear, that notwithstanding the Act of the Massachusetts

Legislature, and in the face of the law of Congress on the question of

recaptures, Gen. Washington, the Congress of the United Colonies, and

subsequently of the United States, regarded Negroes as _property_ from

the beginning to the end of the war. The following treaties furnish

abundant proof that Negroes were regarded as property during the war,

by the American government:--

"PROVISIONAL ARTICLES BETWEEN THE UNITED STATES OF AMERICA

AND HIS BRITANNIC MAJESTY.

"Agreed upon by and between Richard Oswald, Esquire the

Commissioner of His Britannic Majesty, for treating of Peace

with the Commissioners of the United States of America, in

behalf of his said Majesty, on one part, and John Adams,

Benjamin Franklin, John Jay and Henry Laurens, four of the

Commissioners of the said States, etc., etc., etc.

"Article VII. * * * All prisoners on both sides shall be set

at liberty, and His Britannic Majesty shall with all

convenient speed, and without causing any destruction, or

carrying away any '_negroes or other property_' of the

American inhabitants, withdraw all his armies, garrisons and

fleets from the said United States, and from every port,

place and harbour within the same.* * *

"Done at Paris, Nov 30, 1782.

"RICHARD OSWALD, [L.S.]

"JOHN ADAMS, [L.S.]

"B. FRANKLIN, [L.S.]

"JOHN JAY, [L.S.]

"HENRY LAURENS, [L.S.]"[608]

"DEFINITE TREATY OF PEACE, BETWEEN THE UNITED STATES OF

AMERICA AND HIS BRITANNIC MAJESTY.

"Article VII. * * * And His Britannic Majesty shall, with

all convenient speed, and without causing any destruction,

or carrying away any '_negroes or other property_' of the

American inhabitants, withdraw all his armies, etc., etc.,

etc.* * *

"Done at Paris, Sept. 3, 1783.

"D HARTLEY. [L.S.]

"JOHN ADAMS, [L.S.]

"B. FRANKLIN, [L.S.]

"JOHN JAY, [L.S.]"[609]

"TREATY OF PEACE AND AMITY, BETWEEN HIS BRITANNIC MAJESTY

AND THE UNITED STATES OF AMERICA,

"[Ratified and confirmed by and with the advice and consent

of the Senate, Feb. 11, 1815.]

"Article I. * * * Shall be restored without delay, and

without causing any destruction, or carrying away any of the

artillery or other public property originally captured in

the said forts or places, and which shall remain therein

upon the exchange of the ratifications of this treaty, or

any '_slaves or other private property_.' * * * *

"Done, in triplicate, at Ghent, Dec. 24, 1814.

"GAMBIER, [L.S.]

"HENRY GOULBURN, [L.S.]

"WILLIAM ADAMS, [L.S.]

"JOHN OUINCY ADAMS, [L.S.]

"J.A. BAYARD, [L.S.]

"H. CLAY, [L.S.]

"JONA. RUSSELL, [L.S.]

"ALBERT GALLATIN. [L.S.]"[610]

It was not a difficult matter to retake Negroes captured by the enemy,

and then treat them as prisoners of war. But no officer in the

American army, no member of Congress, had the moral courage to

proclaim that property ceased in a man the moment he donned the

uniform of a Revolutionary soldier, and that all Negro soldiers

captured by the enemy should be treated as prisoners of war. So, all

through the war with Britain, the Negro soldier was liable to be

claimed as property; and every bayonet in the army was at the command

of the master to secure his property, even though it had been

temporarily converted into an heroic soldier who had defended the

country against its foes. The unprecedented spectacle was to be

witnessed, of a master hunting his slaves under the flag of the

nation. And at the close of hostilities many Negro soldiers were

called upon to go back into the service of their masters; while few

secured their freedom as a reward for their valor. The following

letter of Gen. Washington, addressed to Brig.-Gen. Rufus Putnam,

afterwards printed at Marietta, O., from his papers, indicates the

regard the Father of his Country had for the rights of the master,

though those rights were pushed into the camp of the army where many

brave Negroes were found; and it also illustrates the legal strength

of such a claim:--

"HEAD QUARTERS, Feb. 2, 1783.

"SIR,--Mr. Hobby having claimed as his property a negro man

now serving in the Massachusetts Regiment, you will please

to order a court of inquiry, consisting of five as

respectable officers as can be found in your brigade, to

examine the validity of the claim, the manner in which the

person in question came into service, and the propriety of

his being discharged or retained in service. Having inquired

into the matter, with all the attending circumstances, they

will report to you their opinion thereon; which you will

report to me as soon as conveniently may be.

"I am, Sir, with great respect,

"Your most obedient servant,

"G. WASHINGTON.

"P.S.--All concerned should be notified to attend.

"Brig.-Gen. PUTNAM."

Enlistment in the army did not work a practical emancipation of the

slave, as some have thought. Negroes were rated as chattel property by

both armies and both governments during the entire war. This is the

cold fact of history, and it is not pleasing to contemplate. The Negro

occupied the anomalous position of an American slave and an American

soldier. He was a soldier in the hour of danger, but a chattel in time

of peace.

FOOTNOTES:

[588] Felt says, in History of Salem, vol. ii. p. 278: "Sept. 17

[1776]. At this date two slaves, taken on board of a prize, were to

have been sold here; but the General Court forbid the sale, and

ordered such prisoners to be treated like all others."

[589] Resolves, p. 14. Quoted by Dr. Moore from the original

documents.

[590] Mr. Motley, "Rise of Dutch Republic," vol. i. p. 151, says that

in the sixteenth century, in wars between European states, the captor

had a property in his prisoner, which was assignable.

[591] Law of Fiefdom and Bondage, vol. i. p. 158.

[592] Mr. Hurd says, "In ascribing slavery to the law of nations it is

a very common error to use that term not in the sense of universal

jurisprudence--the Roman _jus gentium_-but in the modern sense of

public international law, and to give the custom of enslaving

prisoners of war, in illustration: as if the legal condition of other

slaves who had never been taken in war were not equally _jure gentium_

according to the Roman jurisprudence" See Mr. Webster's speech, 7th

March, 1830; Works, vol. v. p. 329.

[593] Dawson's Stony Point, pp. 111, 118.

[594] Dr. Moore thinks this the wrong name. The resolve proves it.

[595] House Journal, p. 60.

[596] Ibid, pp. 63, 64.

[597] Resolves, p. 51.

[598] Mass. Archives, vol. cli., pp. 202-294.

[599] The indefatigable Dr. George H. Moore copied the letter from the

original manuscript. The portions in Italics are in the handwriting of

Hancock. I have been placed under many obligations to my friend Dr.

Moore.

[600] Resolves, p. 131.

[601] Laws, 1780, chap. v. pp. 283, 284.

[602] Journal, vol. iv. pp. 308, 309.

[603] From Mr. Bancroft's MSS., America, 1783, vol. ii. Quoted by Dr.

Moore.

[604] Sparks's Washington, vol. viii. p. 428, note.

[605] Works of Hamilton, vol. vii. p. 191.

[606] Sparks's Washington, vol. viii. pp. 431,432.

[607] Sparks's Washington, vol. viii, Appendix, p. 544.

[608] U.S. Statutes at large, vol. viii, pp. 54, 57.

[609] Ibid., pp. 80, 83.

[610] U.S. Statutes at large, vol. viii. p. 218.

CHAPTER XXIX.

THE NEGRO INTELLECT.--BANNEKER THE ASTRONOMER.[611].--FULLER THE

MATHEMATICIAN.--DERHAM THE PHYSICIAN.

STATUTORY PROHIBITION AGAINST THE EDUCATION OF

NEGROES.--BENJAMIN BANNEKER, THE NEGRO ASTRONOMER AND

PHILOSOPHER.--HIS ANTECEDENTS.--YOUNG BANNEKER AS A FARMER

AND INVENTOR.--THE MILLS OF ELLICOTT & Co.--BANNEKER

CULTIVATES HIS MECHANICAL GENIUS AND MATHEMATICAL

TASTES.--BANNEKER'S FIRST CALCULATION OF AN ECLIPSE

SUBMITTED FOR INSPECTION IN 1789.--HIS LETTER TO MR.

ELLICOTT.--THE TESTIMONY OF A PERSONAL ACQUAINTANCE OF

BANNEKER AS TO HIS UPRIGHT CHARACTER.--HIS HOME BECOMES A

PLACE OF INTEREST TO VISITORS.--RECORD OF HIS BUSINESS

TRANSACTIONS.--MRS MASON'S VISIT TO HIM.--SHE ADDRESSES HIM

IN VERSE.--BANNEKER REPLIES BY LETTER TO HER.--PREPARES HIS

FIRST ALMANAC FOR PUBLICATION IN 1792.--TITLE OF HIS

ALMANAC.--BANNEKER'S LETTER TO THOMAS JEFFERSON.--THOMAS

JEFFERSON'S REPLY.--BANNEKER INVITED TO ACCOMPANY THE

COMMISSIONERS TO RUN THE LINES OF THE DISTRICT OF

COLUMBIA.--BANNEKER'S HABITS OF STUDYING THE HEAVENLY

BODIES.--MINUTE DESCRIPTION GIVEN TO HIS SISTERS IN

REFERENCE TO THE DISPOSITION OF HIS PERSONAL PROPERTY AFTER

DEATH..--HIS DEATH..--REGARDED AS THE MOST DISTINGUISHED

NEGRO OF HIS TIME.--FULLER THE MATHEMATICIAN, OR "THE

VIRGINIA CALCULATOR".--FULLER OF AFRICAN BIRTH, BUT STOLEN

AND SOLD AS A SLAVE INTO VIRGINIA.--VISITED BY MEN OF

LEARNING.--HE WAS PRONOUNCED TO BE A PRODIGY IN THE

MANIPULATION OF FIGURES.--HIS DEATH.--DERHAM THE

PHYSICIAN.--SCIENCE OF MEDICINE REGARDED AS THE MOST

INTRICATE PURSUIT OF MAN.--DAILY LIFE OF JAMES DERHAM.--HIS

KNOWLEDGE OF MEDICINES, HOW ACQUIRED.--HE BECOMES A

PROMINENT PHYSICIAN IN NEW ORLEANS.--DR. RUSH GIVES AN

ACCOUNT OF AN INTERVIEW WITH HIM.--WHAT THE NEGRO RACE

PRODUCED BY THEIR GENIUS IN AMERICA.

From the moment slavery gained a foothold in North America until the

direful hour that witnessed its dissolution amid the shock of

embattled arms, learning was the forbidden fruit that no Negro dared

taste. Positive and explicit statutes everywhere, as fiery swords,

drove him away hungry from the tree of intellectual life; and all

persons were forbidden to pluck the fruit for him, upon pain of severe

penalties. Every yearning for intellectual food was answered by whips

and thumb-screws.

But, notwithstanding the state of almost instinctive ignorance in

which slavery held the Negro, there were those who occasionally

astounded the world with the brightness of their intellectual genius.

There were some Negroes whose minds ran the gauntlet of public

proscription on one side and repressive laws on the other, and safely

gained eminence in _astronomy, mathematics_, and _medicine_.

BANNEKER THE ASTRONOMER.

BENJAMIN BANNEKER, the Negro _astronomer_ and _philosopher_, was born

in Maryland, on the 9th of November, 1731. His maternal grandmother

was a white woman, a native of England, named _Molly Welsh_. She came

to Maryland in a shipload of white emigrants, who, according to the

custom of those days, were sold to pay their passage. She served her

master faithfully for seven years, when, being free, she purchased a

small farm, at a nominal price. Soon after she bought two Negro slaves

from a ship that had come into the Chesapeake Bay, and began life

anew. Both of these Negroes proved to be men of more than ordinary

fidelity, industry, and intelligence. One of them, it was said, was

the son of an African king. She gave him his freedom, and then married

him. His name was Banneker.[612] Four children were the fruit of this

union; but the chief interest centres in only one,--a girl, named

Mary. Following the example of her mother, she also married a native

of Africa: but both tradition and history preserve an unbroken silence

respecting his life, with the single exception that, embracing the

Christian religion, he was baptized "Robert Banneker;" and the record

of his death is thus preserved, in the family Bible: "_Robert Banneker

departed this life, July 'ye_ 10th 1759." Thus it is evident that he

took his wife's surname. Benjamin Banneker was the only child of

Robert and Mary Banneker.

Young Benjamin was a great favorite with his grandmother, who taught

him to read. She had a sincere love of the Sacred Scriptures, which

she did not neglect to inculcate into the youthful heart of her

grandson. In the neighborhood,--at that time an almost desolate

spot,--a school was conducted where the master admitted several

Colored children, with the whites, to the benefits of his

instructions. It was a "pay school," and thither young Banneker was

sent at a very tender age. His application to his studies was equalled

by none. When the other pupils were playing, he found great pleasure

in his books. How long he remained in school, is not known.

His father purchased a farm of one Richard Gist, and here he spent the

remnant of his days.

When young Banneker had obtained his majority, he gave attention to

the various interests of farm-life. He was industrious, intelligent in

his labors, scrupulously neat in the management of his grounds,

cultivated a valuable garden, was gentle in his treatment of

stock,--horses, cows, etc.,--and was indeed comfortably situated.

During those seasons of leisure which come to agriculturists, he

stored his mind with useful knowledge. Starting with the Bible, he

read history, biography, travels, romance, and such works on general

literature as he was able to borrow. His mind seemed to turn with

especial satisfaction to mathematics, and he acquainted himself with

the most difficult problems.

He had a taste also for mechanics. He conceived the idea of making a

timepiece, a clock, and about the year 1770 constructed one. With his

imperfect tools, and with no other model than a borrowed watch, it had

cost him long and patient labor to perfect it, to make the variation

necessary to cause it to strike the hours, and produce a concert of

correct action between the hour, the minute, and the second machinery.

He confessed that its regularity in pointing out the progress of time

had amply rewarded all his pains in its construction.[613]

In 1773 Ellicott & Co. built flour-mills in a valley near the banks of

the Patapsco River. Banneker watched the mills go up; and, when the

machinery was set in motion, looked on with interest, as he had a

splendid opportunity of observing new principles of mechanism. He made

many visits to the mills, and became acquainted with their

proprietors; and, till the day of his death, he found in the Ellicotts

kind and helpful friends.

After a short time the Ellicotts erected a store, where, a little

later, a post-office, was opened. To this point the farmers and

gentlemen, for miles around, used to congregate. Banneker often called

at the post-office, where, after overcoming his natural modesty and

diffidence, he was frequently called out in conversations covering a

variety of topics. His conversational powers, his inexhaustible fund

of information, and his broad learning (for those times and

considering his circumstances), made him the connoisseur of that

section. At times he related, in modest terms, the difficulties he was

constrained to encounter in order to acquire the knowledge of books he

had, and the unsatisfied longings he still had for further knowledge.

His fame as a mathematician was already established, and with the

increasing facilities of communication his accomplishments and

achievements were occupying the thought of many intelligent people.

"By this time he had become very expert in the solution of

difficult mathematical problems, which were then, more than

in this century, the amusement of persons of leisure, and

they were frequently sent to him from scholars residing in

different parts of our country who wished to test his

capacity. He is reported to have been successful in every

case, and, sometimes, he returned with his answers,

questions of his own composition conveyed in rhyme."

The following question was propounded to Mr. George Ellicott, and was

solved by Benjamin Hallowell of Alexandria.

"A Cooper and Vintner sat down for a talk,

Both being so groggy, that neither could walk,

Says Cooper to Vintner, 'I'm the first of my trade,

There's no kind of vessel, but what I have made,

And of any shape, Sir,--just what you will,--

And of any size, Sir,--from a ton to a gill!'

'Then,' says the Vintner, 'you're the man for me,--

Make me a vessel, if we can agree.

The top and the bottom diameter define,

To bear that proportion as fifteen to nine;

Thirty-five inches are just what I crave,

No more and no less, in the depth, will I have;

Just thirty-nine gallons this vessel must hold,--

Then I will reward you with silver or gold,--

Give me your promise, my honest old friend?'

'I'll make it to-morrow, that you may depend!'

So the next day the Cooper his work to discharge,

Soon made the new vessel, but made it too large:--

He took out some staves, which made it too small,

And then cursed the vessel, the Vintner and all.

He beat on his breast, 'By the Powers!'--he swore,

He never would work at his trade any more!

Now my worthy friend, find out, if you can,

The vessel's dimensions and comfort the man!

"BENJAMIN BANNEKER."

The greater diameter of Banneker's tub must be 24.746 inches; the less

diameter, 14.8476 inches.

He was described by a gentleman who had often met him at Ellicott's

Mills as "of black complexion, medium stature, of uncommonly soft and

gentlemanly manners and of pleasing colloquial powers."

Fortunately Mr. George Ellicott was a gentleman of exquisite literary

taste and critical judgment. He discovered in Banneker the elements of

a cultivated gentleman and profound scholar. He threw open his library

to this remarkable Negro, loaded him with books and astronomical

instruments, and gave him the emphatic assurance of sympathy and

encouragement. He occasionally made Banneker a visit, when he would

urge upon him the importance of making astronomical calculations for

almanacs. Finally, in the spring of 1789, Banneker submitted to Mr.

Ellicott his first projection of an eclipse. It was found to contain a

slight error; and, having kindly pointed it out, Mr. Ellicott received

the following reply from Banneker:--

LETTER OF BENJAMIN BANNEKER TO GEORGE ELLICOTT.

"Sir,--I received your letter at the hand of Bell but found

nothing strange to me In the Letter Concerning the number of

Eclipses, the according to authors the Edge of the penumber

only touches the Suns Limb in that Eclips, that I left out

of the Number--which happens April 14th day, at 37 minutes

past 7 o'clock in the morning, and is the first we shall

have; but since you wrote to me, I drew in the Equations of

the Node which will cause a small Solar Defet, but as I did

not intend to publish, I was not so very peticular as I

should have been, but was more intent upon the true method

of projecting; a Solar Eclips--It is an easy matter for us

when a Diagram is laid down before us, to draw one in

resemblance of it, but it is a hard matter for young Tyroes

in Astronomy, when only the Elements for the projection is

laid down before him to draw his diagram with any degree of

Certainty.

"Says the Learned LEADBETTER, the projection, I shall here

describe, is that mentioned by Mr. Flamsted. When the sun is

in Cancer, Leo, Virgo, Libra, Scorpio or, Sagitary, the Axes

of the Globe must lie to the right hand of the Axes of the

Ecliptic, but when the sun is in Capricorn, Aquarius,

Pisces, Aries, Taurus, or Gemini, then to the left.

"Says the wise author FERGUSON, when the sun is in

Capercorn, Aquarius, Pisces, Aries, Taurus, and Gemeni, the

Northern half of the Earths Axes lies to the right hand of

the Axes of the Ecliptic and to the left hand, whilst the

Sun is on the other six signs.

"Now Mr. Ellicott, two such learned gentlemen as the above

mentioned, one in direct opposition to the other, stagnates

young beginners, but I hope the stagnation will not be of

long duration, for this I observe that Leadbetter counts the

time on the path of Vertex 1, 2, 3 &c. from the right to the

left hand or from the consequent to the antecedent,--But

Ferguson on the path of Vertex counts the time 1, 2, 3 &c.

from the left to the right hand, according to the order of

numbers, so that that is regular, shall compensate for

irregularity. Now sir if I can overcome this difficulty I

doubt not being able to calculate a Common Almanac--Sir no

more

"But remain your faithful friend,

"B. BANNEKER.

"Mr. GEORGE ELLICOTT, _Oct. 13th, 1789._"

His mother, an active, intelligent, slight-built Mulatto, with long

black hair, had exercised a tender but positive influence over him.

His character, so far as is known, was without blemish, with the

single exception of an occasional use of ardent spirits. He found

himself conforming too frequently to the universal habit of the times,

social drinking. Liquors and wines were upon the tables and sideboards

of the best families, and wherever Banneker went it confronted him. He

felt his weakness in this regard, and resolved to abstain from the use

of strong drink. Some time after returning from a visit to Washington,

in company with the commissioners who laid out the District of

Columbia, he related to his friends that during the entire absence

from home he had abstained from the use of liquors; adding, "I feared

to trust myself even with wine, lest it should steal away the little

sense I have." On a leaf of one of his almanacs, appears the following

in his own handwriting:--

"Evil communications corrupt good manners, I hope to live to

hear, that good communication corrects 'bad manners.'"

He had a just appreciation of his own strength. He hated vice of every

kind; and, while he did not connect himself to any church, he was

deeply attached to the _Society of Friends._ He was frequently seen in

their meeting-house. He usually occupied the rear bench, where he

would sit with uncovered head, leaning upon his staff, wrapt in

profound meditation. The following letter addressed to Mr. J. Saurin

Norris shows that his character was upright:--

"In the year 1800, I commenced my engagements in the store

of Ellicott's Mills, where my first acquaintance with

Benjamin Banneker began. He often came to the store to

purchase articles for his own use; and, after hearing him

converse, I was always anxious to wait upon him. After

making his purchases, he usually went to the part of the

store where George Ellicott was in the habit of sitting to

converse with him about the affairs of our Government and

other matters. He was very precise in conversation and

exhibited deep reflection. His deportment whenever I saw

him, appeared to be perfectly upright and correct, and he

seemed to be acquainted with every thing of importance that

was passing in the country.

"I recollect to have seen his Almanacs in my father's house,

and believe they were the only ones used in the neighborhood

at the time. He was a large man inclined to be fleshy, and

was far advanced in years, when I first saw him, I remember

being once at his house, but do not recollect any thing

about the comforts of his establishment, nor of the old

clock, about which you enquired. He was fond of, and well

qualified, to work out abstruse questions in arithmetic. I

remember, he brought to the store, one which he had composed

himself, and presented to George Ellicott for solution. I

had a copy which I have since lost; but the character and

deportment of the man being so wholly different from any

thing I had ever seen from one of his color, his question

made so deep an impression on my mind I have ever since

retained a perfect recollection of it, except two lines,

which do not alter the sense. I remember that George

Ellicott, was engaged in making out the answer, and cannot

now say that he succeeded, but have no doubt he did. I have

thus, briefly given you my recollections of Benjamin

Banneker. I was young when he died, and doubtless many

incidents respecting him, have, from the time which has

since elapsed, passed from my recollection:

"CHARLES W. DORSEY, _of Elkridge_."

After the death of his mother, Banneker dwelt alone until the day of

his death, having never married, his manners were gentle and engaging,

his benevolence proverbial. His home became a place of great interest

to visitors, whom he always received cordially, and treated hospitably

all who called.

"We found the venerable star-gazer," says the author of the

Memoir of Susanna Mason, "under a wide spreading pear tree,

leaden with delicious fruit; he came forward to meet us, and

bade us welcome to his lowly dwelling. It was built of logs,

one story in height, and was surrounded by an orchard. In

one corner of the room, was suspended a clock of his own

construction, _which_ was a true hearald of departing hours.

He was careful in the little affairs of life as well as in

the great matters. He kept record of all his business

transactions, literary and domestic. The following extracts

from his Account Book exhibit his love for detail.

"'Sold on the 2nd of April, 1795, to Buttler, Edwards &

Kiddy, the right of an Almanac, for the year 1796, for the

sum of 80 dollars, equal to £30.

"'On the 30th of April, 1795, lent John Ford five dollars.

£1 17s. 6d.

"'12th of December, 1797, bought a pound of candles at 1s.

8d.

"'Sold to John Collins 2 qts. of dried peaches 6d. "1 qt.

mead 4d.

"'On the 26th of March, came Joshua Sanks with 3 or 4

bushels of turnips to feed the cows.

"'13th of April, 1803, planted beans and sowed cabbage

seed.'

"He took down from a shelf a little book, wherein he

registered the names of those, by whose visits he felt

particularly honored, and recorded my mother's name upon the

list; he then, diffidently, but very respectfully, requested

her acceptance of one of his Almanacs in manuscript."

Within a few days after this visit Mrs. Mason addressed him in a

poetical letter, which found its way into the papers of the section,

and was generally read. The subjoined portions are sufficient to

exhibit the character of the effusion. The admonitory lines at the end

doubtless refer to his early addiction to strong drink.

"_An Address to_ BENJAMIN BANNEKER, _an African Astronomer,

who presented the Author with a Manuscript Almanac in_

1796."

"Transmitted on the wings of Fame,

Thine _eclat_ sounding with thy name,

Well pleased, I heard, ere 'twas my lot

To see thee in thy humble cot.

That genius smiled upon thy birth,

And application called it forth;

That times and tides thou could'st presage,

And traverse the Celestial stage,

Where shining globes their circles run,

In swift rotation round the sun;

Could'st tell how planets in their way,

From order ne'er were known to stray.

Sun, moon and stars, when they will rise,

When sink below the upper skies,

When an eclipse shall veil their light,

And hide their splendor from our sight.

. . . . . . . . .

Some men whom private walks pursue,

Whom fame ne'er ushered into view,

May run their race, and few observe

To right or left, if they should swerve,

Their blemishes would not appear,

Beyond their lives a single year.--

But thou, a man exalted high,

Conspicuous in the world's keen eye,

On record now, thy name's enrolled,

And future ages will be told,--

There lived a man named BANNEKER,

An African Astronomer!--

Thou need'st to have a special care,

Thy conduct with thy talent square,

That no contaminating vice,

Obscure thy lustre in our eyes."

During the following year Banneker sent the following letter to his

good friend Mrs. Mason:--

"_August 26th, 1797_.

"DEAR FEMALE FRIEND:--

"I have thought of you every day since I saw you last, and

of my promise in respect of composing some verses for your

amusement, but I am very much indisposed, and have been

ever since that time. I have a constant pain in my head, a

palpitation in my flesh, and I may say I am attended with a

complication of disorders, at this present writing, so that

I cannot with any pleasure or delight, gratify your

curiosity in that particular, at this present time, yet I

say my will is good to oblige you, if I had it in my power,

because you gave me good advice, and edifying language, in

that piece of poetry which you was pleased to present unto

me, and I can but love and thank you for the same; and if

ever it should be in my power to be serviceable to you, in

any measure, your reasonable requests, shall be armed with

the obedience of,

"Your sincere friend and well-wisher,

"BENJAMIN BANNEKER.

"MRS. SUSANNA MASON.

"N.B. The above is mean writing, done with trembling hands.

B.B."

With the use of Mayer's Tables, Ferguson's Astronomy, and Leadbeater's

Lunar Tables, Banneker had made wonderful progress in his astronomical

investigations. He prepared his first almanac for publication in 1792.

Mr. James McHenry became deeply interested in him, and, convinced of

his talent in this direction, wrote a letter to the firm of Goddard &

Angell, publishers of almanacs, in Baltimore. They became the sole

publishers of Banneker's almanacs till the time of his death. In an

editorial note in the first almanac, they say,--

"They feel gratified in the opportunity of presenting to the

public, through their press, what must be considered as an

extraordinary effort of genius; a complete and accurate

Ephemeris for the year 1792, calculated by a sable

descendant of Africa," etc.

And they further say,--

"That they flatter themselves that a philanthropic public,

in this enlightened era, will be induced to give their

patronage and support to this work, not only on account of

its intrinsic merits, (it having met the approbation of

several of the most distinguished astronomers of America,

particularly the celebrated Mr. Rittenhouse,) but from

similar motives to those which induced the editors to give

this calculation the preference,--the ardent desire of

drawing modest merit from obscurity, and controverting the

long-established illiberal prejudice against the blacks."

The title of his almanac is given below as a matter of historic

interest.

"Benjamin Banneker's Pennsylvania, Delaware, Virginia, and

Maryland Almanac and Ephemeris, for the year of our Lord

1792, being Bissextile or leap year, and the sixteenth year

of American Independence, which commenced July 4, 1776;

containing the motions of the Sun and Moon, the true places

and aspects of the Planets, the rising and setting of the

Sun, and the rising, setting, and southing, place and age of

the Moon, &c. The Lunations, Conjunctions, Eclipses,

Judgment of the Weather, Festivals, and remarkable days."

He had evidently read Mr. Jefferson's Notes on Virginia; and touched

by the humane sentiment there exhibited, as well as saddened by the

doubt expressed respecting the intellect of the Negro, Banneker sent

him a copy of his first almanac, accompanied by a letter which pleaded

the cause of his race, and in itself, was a refutation of the charge

that the Negro had no intellectual outcome.

"MARYLAND, BALTIMORE COUNTY, August 19, 1791.

"SIR,

"I am fully sensible of the greatness of the freedom I take

with you on the present occasion; a liberty which seemed

scarcely allowable, when I reflected on that distinguished

and dignified station in which you stand, and the almost

general prejudice which is so prevalent in the world against

those of my complexion.

"It is a truth too well attested, to need a proof here, that

we are a race of beings, who have long laboured under the

abuse and censure of the world; that we have long been

looked upon with an eye of contempt; and considered rather

as brutish than human, and scarcely capable of mental

endowments.

"I hope I may safely admit, in consequence of the report

which has reached me, that you are a man far less inflexible

in sentiments of this nature, than many others, that you are

measurably friendly and well disposed towards us; and that

you are willing to lend your aid and assistance for our

relief from those many distresses, and numerous calamities,

to which we are reduced.

"If this is founded in truth, I apprehend you will embrace

every opportunity to eradicate that train of absurd and

false ideas and opinions, which so generally prevail with

respect to us: and that your sentiments are concurrent with

mine, which are, that one universal Father hath given being

to us all; that He hath not only made us all of one flesh,

but that He hath also, without partiality, afforded us all

the same sensations, and endowed us all with the same

faculties; and that however variable we may be in society or

religion, however diversified in situation or in colour, we

are all of the same family, and stand in the same relation

to Him.

"If these are sentiments of which you are fully persuaded,

you cannot but acknowledge, that it is the indispensable

duty of those, who maintain for themselves the rights of

human nature, and who profess the obligations of

Christianity, to extend their powers and influence to the

relief of every part of the human race, from whatever burden

or oppression they may unjustly labour under: and this, I

apprehend, a full conviction of the truth and obligation of

these principles should lead all to.

"I have long been convinced, that if your love for

yourselves, and for those inestimable laws which preserved

to you the rights of human nature, was founded on sincerity

you could not but be solicitous, that every individual, of

whatever rank or distinction, might with you equally enjoy

the blessings thereof; neither could you rest satisfied

short of the most active effusion of your exertions, in

order to their promotion from any state of degradation, to

which the unjustifiable cruelty and barbarism of men may

have reduced them.

"I freely and cheerfully acknowledge, that I am of the

African race, and in that colour which is natural to them,

of the deepest dye; and it is under a sense of the most

profound gratitude to the Supreme Ruler of the Universe,

that I now confess to you, that I am not under that state of

tyrannical thraldom, and inhuman captivity, to which too

many of my brethren are doomed, but that I have abundantly

tasted of the fruition of those blessings, which proceed

from that free and unequalled liberty with which you are

favoured; and which I hope you will willingly allow you have

mercifully received, from the immediate hand of that Being

from whom proceedeth every good and perfect gift.

"Suffer me to recall to your mind that time, in which the

arms of the British crown were exerted, with every powerful

effort, in order to reduce you to a state of servitude: look

back, I entreat you, on the variety of dangers to which you

were exposed; reflect on that period in which every human

aid appeared unavailable, and in which even hope and

fortitude wore the aspect of inability to the conflict, and

you cannot but be led to a serious and grateful sense of

your miraculous and providential preservation; you cannot

but acknowledge, that the present freedom and tranquility

which you enjoy, you have mercifully received, and that it

is the peculiar blessing of heaven.

"This, Sir, was a time when you cleary saw into the

injustice of a state of Slavery, and in which you had just

apprehensions of the horrors of its condition. It was then

that your abhorrence thereof was so excited, that you

publicly held forth this true and invaluable doctrine, which

is worthy to be recorded and remembered in all succeeding

ages: 'We hold these truths to be self-evident, that all men

are created equal; that they are endowed by their Creator

with certain inalienable rights, and that among these are,

life, liberty, and the pursuit of happiness.'

"Here, was a time in which your tender feelings for

yourselves had engaged you thus to declare; you were then

impressed with proper ideas of the great violation of

liberty, and the free possession of those blessings, to

which you were entitled by nature; but, sir, how pitiable is

it to reflect, that although you were so fully convinced of

the benevolence of the Father of Mankind, and of his equal

and impartial distribution of these rights and privileges

which he hath conferred upon them, that you should at the

same time counteract his mercies, in detaining by fraud and

violence, so numerous a part of my brethren under groaning

captivity and cruel oppression, that you should at the same

time be found guilty of that most criminal act, which you

professedly detested in others, with respect to yourselves.

"Your knowledge of the situation of my brethren is too

extensive to need a recital here; neither shall I presume to

prescribe methods by which they may be relieved, otherwise

than by recommending to you and all others, to wean

yourselves from those narrow prejudices which you have

imbibed with respect to them, and as Job proposed to his

friends, 'put your soul in their soul's stead;' thus shall

your hearts be enlarged with kindness and benevolence

towards them; and thus shall you need neither the direction

of myself or others in what manner to proceed herein.

"And now, sir, although my sympathy and affection for my

brethren hath caused my enlargement thus far, I ardently

hope, that your candour and generosity will plead with you

in my behalf, when I state that it was not originally my

design; but having taken up my pen in order to present a

copy of an almanac which I have calculated for the

succeeding year, I was unexpectedly led thereto.

"This calculation is the production of my arduous study, in

my advanced stage of life: for having long had unbounded

desires to become acquainted with the secrets of nature, I

have had to gratify my curiosity herein through my own

assiduous application to astronomical study, in which I need

not recount to you the many difficulties and disadvantages

which I have had to encounter.

"And although I had almost declined to make my calculation

for the ensuing year, in consequence of the time which I had

allotted for it being taken up at the federal territory, by

the request of Mr. Andrew Ellicott, yet I industriously

applied myself thereto, and hope I have accomplished it with

correctness and accuracy. I have taken the liberty to direct

a copy to you, which I humbly request you will favourably

receive; and although you may have the opportunity of

perusing it after its publication, yet I desire to send it

to you in manuscript previous thereto, that thereby you

might not only have an earlier inspection, but that you

might also view it in my own handwriting.

"And now, sir, I shall conclude, and subscribe myself, with

the most profound respect,

"Your most obedient humble servant,

"BENJAMIN BANNEKER."

Mr. Jefferson, who was Secretary of State under President Washington,

sent the great Negro the following courteous reply:--

"PHILADELPHIA, Aug. 30, 1791.

"SIR,--I thank you sincerely for your letter of the 19th

instant, and for the almanac it contained. Nobody wishes

more than I do to see such proofs as you exhibit, that

Nature has given to our black brethren talents equal to

those of the other colors of men, and that the appearance of

a want of them is owing only to the degraded condition of

their existence, both in Africa and America. I can add, with

truth, that no one wishes more ardently to see a good system

commenced for raising the condition, both of their body and

mind, to what it ought to be, as fast as the imbecility of

their present existence, and other circumstances which

cannot be neglected, will admit. I have taken the liberty of

sending your almanac to Monsieur de Condorcet, Secretary of

the Academy of Sciences, at Paris, and members of the

Philanthropic Society, because I considered it a document to

which your whole color had a right, for their justification

against the doubts which have been entertained of them,

"I am, with great esteem, sir,

"Your most obedient servant,

"THO. JEFFERSON.

"MR. BENJAMIN BANNEKER, near Ellicott's

Lower Mills, Baltimore county."[614]

The only time Banneker was ever absent from his home any distance was

when "the Commissioners to run the lines of the District of

Columbia"--then known as the "Federal Territory"--invited him to

accompany them upon their mission. Mr. Norris says:--

"Banneker's deportment throughout the whole of this

engagement, secured their respect, and there is good

authority for believing, that his endowments led the

commissioners to overlook the color of his skin, to converse

with him freely, and enjoy the clearness and originality of

his remarks on various subjects. It is a fact, that they

honored him with an invitation to a daily seat at their

table; but this, with his usual modesty, he declined. They

then ordered a side table laid for him, in the same

apartment with themselves. On his return, he called to give

an account of his engagements, at the house of one of his

friends. He arrived on horseback, dressed in his usual

costume;--full suit of drab cloth, surmounted by a broad

brimmed beaver hat. He seemed to have been re-animated by

the presence of the eminent men with whom he had mingled in

the District, and gave a full account of their proceedings."

His habits of study were rather peculiar. At nightfall, wrapped in a

great cloak, he would lie prostrate upon the ground, where he spent

the night in contemplation of the heavenly bodies. At sunrise he would

retire to his dwelling, where he spent a portion of the day in repose.

But as he seemed to require less sleep than most people, he employed

the hours of the afternoons in the cultivation of his garden, trimming

of fruit-trees, or in observing the habits and flight of his bees.

When his service and attention were not required out-doors, he busied

himself with his books, papers, and mathematical instruments, at a

large oval table in his house. The situation of Banneker's dwelling

was one which would be admired by every lover of nature, and furnished

a fine field for the observation of celestial phenomena. It was about

half a mile from the Patapsco River, and commanded a prospect of the

near and distant hills upon its banks, which have been so justly

celebrated for their picturesque beauty. A never-failing spring issued

from beneath a large golden-willow tree in the midst of his

orchard.[615] The whole situation was charming, inspiring, and no

doubt helped him in the solution of difficult problems.

There is no reliable data to enlighten us as to the day of his death;

but it is the opinion of those who lived near him, and their

descendants, that he died in the fall of 1804. It was a bright,

beautiful day, and feeling unwell he walked out on the hills to enjoy

the sunlight and air. During his walk he came across a neighbor, to

whom he complained of being sick. They both returned to his house,

where, after lying down upon his couch, he became speechless, and died

peacefully. During a previous sickness he had charged his sisters,

Minta Black and Molly Morten, that, so soon as he was dead, all the

books, instruments, etc., which Mr. Ellicott had loaned him, should be

taken back to the benevolent lender; and, as a token of his gratitude,

all his manuscripts containing all his almanacs, his observations and

writings on various subjects, his letter to Thomas Jefferson, and that

gentleman's reply, etc., were given to Mr. Ellicott.[616] On the day

of his death, faithful to the instructions of their brother,

Banneker's sisters had all the articles moved to Mr. Ellicott's house;

and their arrival was the first sad news of the astronomer's death. To

the promptness of these girls in carrying out his orders is the

gratitude of the friends of science due for the preservation of the

results of Banneker's labors. During the performance of the last sad

rites at the grave, two days after his death, his house was discovered

to be on fire. It burnt so rapidly that it was impossible to save any

thing: so his clock and other personal property perished in the

flames. He had given to one of his sisters a feather-bed, upon which

he had slept for many years; and she, fortunately and thoughtfully,

removed it when he died, and prized it as the only memorial of her

distinguished brother. Some years after, she had occasion to open the

bed, when she discovered a purse of money--another illustration of his

careful habits and frugality.

Benjamin Banneker was known favorably on two continents, and at the

time of his death was the most intelligent and distinguished Negro in

the United States.

FULLER THE MATHEMATICIAN.

One of the standing arguments against the Negro was, that he lacked

the faculty of solving mathematical problems. This charge was made

without a disposition to allow him an opportunity to submit himself to

a proper test. It was equivalent to putting out a man's eyes, and then

asserting boldly that he cannot see; of manacling his ankles, and

charging him with the inability to run. But notwithstanding all the

prohibitions against instructing the Negro, and his far remove from

intellectual stimulants, the subject to whom attention is now called

had within his own untutored intellect the elements of a great

mathematician.

Thomas Fuller, familiarly known as the Virginia Calculator, was a

native of Africa. At the age of fourteen he was stolen, and sold into

slavery in Virginia, where he found himself the property of a planter

residing about four miles from Alexandria. He did not understand the

art of reading or writing, but by a marvellous faculty was able to

perform the most difficult calculations. Dr. Benjamin Rush of

Philadelphia, Penn., in a letter addressed to a gentleman residing in

Manchester, Eng., says that hearing of the phenomenal mathematical

powers of "Negro Tom," he, in company with other gentlemen passing

through Virginia, sent for him. One of the gentlemen asked him how

many seconds a man of seventy years, some odd months, weeks, and days,

had lived, he gave the exact number in a minute and a half. The

gentleman took a pen, and after some figuring told Tom he must be

mistaken, as the number was too great." 'Top, massa!" exclaimed Tom,

"you hab left out de leap-years!" And sure enough, on including the

leap-years in the calculation, the number given by Tom was correct.

"He was visited by William Hartshorn and Samuel Coates,"

says Mr. Needles, "of this city (Philadelphia), and gave

correct answers to all their questions such as, How many

seconds there are in a year and a half? In two minutes he

answered 47,304,000. How many seconds in seventy years,

seventeen days, twelve hours? In one minute and a half,

2,110,500,800.[617]

That he was a prodigy, no one will question.[618] He was the wonder of

the age. The following appeared in several newspapers at the time of

his death:--

"DIED,--Negro Tom, the famous African calculator, aged 80

years. He was the property of Mrs. Elizabeth Cox, of

Alexandria. Tom was a very black man. He was brought to this

country at the age of fourteen, and was sold as a slave with

many of his unfortunate countrymen. This man was a prodigy.

Though he could neither read nor write, he had perfectly

acquired the use of enumeration. He could give the number of

months, days, weeks, hours, minutes, and seconds, for any

period of time that a person chose to mention, allowing in

his calculations for all the leap years that happened in the

time. He would give the number of poles, yards, feet,

inches, and barley-corns in a given distance--say, the

diameter of the earth's orbit--and in every calculation he

would produce the true answer in less time than ninety-nine

out of a hundred men would take with their pens. And what

was, perhaps, more extraordinary, though interrupted in the

progress of his calculations, and engaged in discourse upon

any other subject, his operations were not thereby in the

least deranged; he would go on where he left off, and could

give any and all of the stages through which the calculation

had passed.

"Thus died Negro Tom, this untaught arithmetician, this

untutored scholar. Had his opportunities of improvement been

equal to those of thousands of his fellow-men, neither the

Royal Society of London, the Academy of Science at Paris,

nor even a Newton himself need have been ashamed to

acknowledge him a brother in science."[619]

DERHAM THE PHYSICIAN.

Through all time the science of medicine has been regarded as ranking

among the most intricate and delicate pursuits man could follow. Our

Saviour was called "the Great Physician," and St. Luke "the beloved

physician." No profession brings a man so near to humanity, and no

other class of men have a higher social standing than those who are

consecrated to the "art of healing." Such a position demands of a man

not only profound research in the field of medicine, but the rarest

intellectual and social gifts and accomplishments. For a Negro to gain

such a position in the nineteenth century would require merit of

unusual order. But in the eighteenth century, when slavery had cast

its long, dark shadows over the entire life of the nation, for a

Negro, born and reared a slave, to obtain fame in medicine second to

none on the continent, was an achievement that justly challenged the

admiration of the civilized world.

Dr. James Derham was born a slave in Philadelphia in 1762. His master

was a physician. James was taught to read and write, and early

rendered valuable assistance to his master in compounding medicines.

Endowed with more than average intelligence, he took a great liking to

the science of medicine, and absorbed all the information that came

within his observation. On the death of his master he was sold to the

surgeon of the Sixteenth British Regiment, at that time stationed in

Philadelphia. At the close of the war he was sold to Dr. Robert Dove

of New Orleans, a humane and intelligent man, who employed him as his

assistant in a large business. He grew in a knowledge of his

profession every day, was prompt and faithful in the discharge of the

trusts reposed in him, and thereby gained the confidence of his

master. Dr. Dove was so much pleased with him, that he offered him his

freedom upon very easy terms, requiring only two or three years'

service. At the end of the time designated, Dr. Derham entered into

the practice of medicine upon his own account. He acquired the

English, French, and Spanish languages so as to speak them fluently,

and built up a practice in a short time worth three thousand dollars a

year.[620] He married, and attached himself to the Episcopal Church,

in 1788, and at twenty-six years of age was regarded as one of the

most eminent physicians in New Orleans.

Dr. Rush of Philadelphia, in "The American Museum" for January, 1789,

gave an interesting account of this distinguished "Negro physician."

Says Dr. Rush,--

"I have conversed with him upon most of the acute and

epidemic diseases of the country where he lives. I expected

to have suggested some new medicines to him, but he

suggested many more to me. He is very modest and engaging in

his manners. He speaks French fluently, and has some

knowledge of the Spanish."[621]

Phillis Wheatley has been mentioned already. So, in the midst of

darkness and oppression, the Negro race in America, without the use of

the Christian church, schoolhouse, or printing-press, produced a

_poetess_, an _astronomer_, a _mathematician_, and a _physician_, who,

had they been white, would have received monuments and grateful

memorials at the hands of their countrymen. But even their color

cannot rob them of the immortality their genius earned.

FOOTNOTES:

[611] William Wells Brown, William C Nell, and all the Colored men

whose efforts I have seen, have made a number of very serious mistakes

respecting Banneker's parentage, age, accomplishments, etc. _He was of

mixed blood_. His mother's name was not Molly Morton, but one of his

sisters bore that name.

I have used the Memoirs of Banneker, prepared by J.H.B. Latrobe and J.

Saurin Norris, and other valuable material from the Maryland

Historical Society.

[612] In the most remote records the name was written _Banneky_.

[613] J. Saurin Norris's sketch.

[614] Jefferson's Works, vol. iii. p. 291.

[615] See Norris, paper on Banneker.

[616] All of Banneker's literary remains were published by J.H.B.

Latrobe in the Maryland Historical Society, and in the Maryland

Colonization Journal in 1845. The Memoir of Banneker was somewhat

marred by a too precipitous and zealous attempt to preach the doctrine

of colonization.

[617] Needles's Hist. Memoir of the Penn. Society for Promoting the

Abolition of Slavery, p 32.

[618] J.P. Brissot de Warville's Travels in the U.S., vol. i p. 243.

[619] Columbian Centinal of Boston, Dec. 29, 1790.

[620] Brissot de Warville's New Travels in the U.S., ed. 1794, vol. i.

p. 242.

[621] For an account of Fuller and Derham, see De la Littérature des

Nègres, ou Recherches sur leurs Facultés intellectuelles, leurs

Qualités morales et leur Littérature; suivies de Notices sur la Vie et

les Ouvrages des Nègres qui se sont distingués dans les Sciences, les

Lettres et les Arts. Par H. GRÉGOIRE, ancien Évêque de Blois, membre

du Sénat conservateur, de l'Institut national, de la Société royale

des Sciences de Göttingue, etc. Paris: MDCCCVIII.

CHAPTER XXX.

SLAVERY DURING THE REVOLUTION.

1775-1783.

PROGRESS OF THE SLAVE-TRADE.--A GREAT WAR FOR THE

EMANCIPATION OF THE COLONIES, FROM POLITICAL

BONDAGE.--CONDITION OF THE SOUTHERN STATES DURING THE

WAR.--THE VIRGINIA DECLARATION OF RIGHTS.--IMMEDIATE

LEGISLATION AGAINST SLAVERY DEMANDED.--ADVERTISEMENT FROM

"THE INDEPENDENT CHRONICLE."--PETITION OF MASSACHUSETTS

STATES.--AN ACT PREVENTING THE PRACTICE OF HOLDING PERSONS

IN SLAVERY.--ADVERTISEMENT FROM "THE CONTINENTAL

JOURNAL."--A LAW PASSED IN VIRGINIA LIMITING THE RIGHTS OF

SLAVES.--LAW DEMANDING ALL SLAVES WHO SERVED IN THE

ARMY.--NEW YORK PROMISES HER NEGRO SOLDIERS FREEDOM.--A

CONSCIENTIOUS MINORITY IN FAVOR OF THE ABOLITION OF THE

SLAVE TRADE.--SLAVERY FLOURISHES DURING THE ENTIRE

REVOLUTIONARY PERIOD.

The thunder of the guns of the Revolution did not drown the voice of

the auctioneer. The slave-trade went on. A great war for the

emancipation of the colonies from the political bondage into which the

British Parliament fain would precipitate them did not depreciate the

market value of human flesh. Those whose hearts were not enlisted in

the war skulked in the rear, and gloated over the blood-stained

shekels they wrung from the domestic slave-trade. While the precarious

condition of the Southern States during the war made legislation in

support of the institution of slavery impolitic, there were,

nevertheless, many severe laws in force during this entire period. In

the New England and Middle States there was heard an occasional voice

for the oppressed; but it was generally strangled at the earliest

moment of its being by that hell-born child, avarice. On the 21st of

September, 1776, William Gordon of Roxbury, Mass., wrote,--

The Virginians begin their Declaration of Rights with

saying,'that _all _ men are born equally free and

independent, and have certain inherent natural rights, of

which they cannot, by any compact, deprive themselves or

their posterity; among which are the enjoyment of life and

_liberty_.' The Congress declare that they 'hold these

truths to be self-evident, that all men are created _equal_,

that they are endowed by their Creator with certain

_inalienable rights_, that among these are life, _liberty_

and pursuit of happiness.' The Continent has rung with

affirmations of the like import. If these, Gentlemen, are

our genuine sentiments, and we are not provoking the Deity,

by acting hypocritically to serve a turn, let us apply

earnestly and heartily to the extirpation of slavery from

among ourselves. Let the State allow of nothing beyond

servitude for a stipulated number of years, and that only

for seven or eight, when persons are of age, or till they

are of age: and let the descendants of the Africans born

among us, be viewed as free-born; and be wholly at their own

disposal when one-and-twenty, the latter part of which age

will compensate for the expense of infancy, education, and

so on."

No one gave heed. Two months later, Nov. 14, there appeared in "The

Independent Chronicle" of Boston a plan for gradual emancipation; and

on the 28th of the same month, in the same paper there appeared a

communication demanding specific and immediate legislation against

slavery. But all seemed vain: there were few moral giants among the

friends of "liberty for all;" and the comparative silence of the press

and pulpit gave the advocates of human slavery an easy victory.

Boston, the home of Warren, and the city that witnessed the first holy

offering to liberty, busied herself through all the perilous years of

the war in buying and selling human beings. The following are but a

few of the many advertisements that appeared in the papers of the city

of Boston during the war:--[622]

From "The Independent Chronicle," Oct. 3, 1776:--

"_To be_ SOLD A stout, hearty, likely NEGRO GIRL, fit for

either Town or Country. Inquire of Mr. _Andrew Gillespie,

Dorchester, Octo., 1., 1776._"

From the same, Oct. 10:--

"A hearty NEGRO MAN, with a small sum of Money to be given

away."

From the same, Nov. 28:--

"To SELL--A Hearty likely NEGRO WENCH about 12 or 13 Years

of Age, has had the Small Pox, can wash, iron, card, and

spin, etc., for no other Fault but for want of Employ."

From the same, Feb. 27, 1777:--

"WANTED a NEGRO GIRL between 12 and 20 Years of Age, for

which a good Price will be given, if she can be

recommended."

From "The Continental Journal," April 3, 1777:--

"_To be_ SOLD, a likely Negro Man, twenty-two years old, has

had the small-pox, can do any sort of business; sold for

want of employment."

_To be_ SOLD, a large, commodious Dwelling House, Barn, and

Out-houses, with any quantity of land from 1 to 50 acres, as

the Purchaser shall choose within 5 miles of Boston. Also a

smart well-tempered NEGRO BOY of 14 years old, not to go out

of this State and _sold for_ 15 _years only, if he continues

to behave well_."

From "The Independent Chronicle," May 8, 1777:--

"_To be_ SOLD, for want of employ, a likely strong NEGRO

GIRL, about 18 years old, understands all sorts of household

business, and can be well recommended."

The strange and trying vicissitudes through which the colonies had

passed exposed their hypocrisy, revealed the weakness of their

government, and forced them to another attempt at the extirpation of

slavery. The valorous conduct of the Negro soldiers in the army had

greatly encouraged their friends and emboldened their brethren, who

still suffered from the curse of slavery. The latter were not silent

when an opportunity presented to claim the rights they felt their due.

On the 18th of March, 1777, the following petition was addressed, by

the slaves in Boston, to the Legislature:--

"PETITION OF MASSACHUSETTS SLAVES.

"The petition of a great number of negroes, who are detained

in a state of slavery in the very bowels of a free and

Christian country, humbly showing,--

"That your petitioners apprehend that they have, in common

with all other men, a natural and inalienable right to that

freedom, which the great Parent of the universe hath

bestowed equally on all mankind, and which they have never

forfeited by any compact or agreement whatever. But they

were unjustly dragged by the cruel hand of power from their

dearest friends, and some of them even torn from the

embraces of their tender parents,--from a populous, pleasant

and plentiful country, and in violation of the laws of

nature and of nations, and in defiance of all the tender

feelings of humanity, brought hither to be sold like beasts

of burthen, and, like them, condemned to slavery for

life--among a people possessing the mild religion of

Jesus--a people not insensible of the sweets of national

freedom, nor without a spirit to resent the unjust endeavors

of others to reduce them to a state of bondage and

subjection.

"Your Honors need not to be informed that a life of slavery

like that of your petitioners, deprived of every social

privilege, of every thing requisite to render life even

tolerable, is far worse than non-existence.

"In imitation of the laudable example of the good people of

these States, your petitioners have long and patiently

waited the event of petition after petition, by them

presented to the legislative body of this State, and cannot

but with grief reflect that their success has been but too

similar.

"They cannot but express their astonishment that it has

never been considered, that every principle from which

America has acted, in the course of her unhappy difficulties

with Great Britain, bears stronger than a thousand arguments

in favor of your humble petitioners. They therefore humbly

beseech Your Honors to give their petition its due weight

and consideration, and cause an act of the legislature to be

passed, whereby they may be restored to the enjoyment of

that freedom, which is the natural right of all men, and

their children (who were born in this land of liberty) may

not be held as slaves after they arrive at the age of

twenty-one years. So may the inhabitants of this State (no

longer chargeable with the inconsistency of acting

themselves the part which they condemn and oppose in others)

be prospered in their glorious struggles for liberty, and

have those blessings secured to them by Heaven, of which

benevolent minds cannot wish to deprive their fellow men.

"And your petitioners, as in duty bound, shall ever pray:--

LANCASTER HILL,

PETER BESS,

BRISTER SLENFEN,

PRINCE HALL,

JACK PIERPONT, [his X mark.]

NERO FUNELO, [his X mark.]

NEWPORT SUMNER, [his X mark.]"

The following entry, bearing the same date, was made:--

"A petition of Lancaster Hill, and a number of other Negroes

praying the Court to take into consideration their state of

bondage, and pass an act whereby they may be restored to the

enjoyment of that freedom which is the natural right of all

men. Read and committed to Judge Sargent, Mr. Dalton, Mr.

Appleton, Col. Brooks, and Mr. Story."

There is no record of the action of the committee, if any were ever

had; but at the afternoon session of the Legislature, Monday, June 9,

1777, a bill was introduced to prevent "the Practice of holding

persons in Slavery." It was "read a first time, and ordered to be read

again on Friday next, at 10 o'clock A.M." Accordingly, on the 13th of

June, the bill was "read a second time, and after Debate thereon, it

was moved and seconded, That the same lie upon the Table, and that

Application be made to Congress on the subject thereof; and the

Question being put, it passed in the affirmative, and Mr. Speaker, Mr.

Wendell, and Col. Orne, were appointed a Committee to prepare a letter

to Congress accordingly, and report." The last action, as far as

indicated by the journal, was had on Saturday, June 14, when "the

Committee appointed to prepare a Letter to Congress, on the subject of

the Bill for preventing the Practice of holding Persons in Slavery,

reported." It was "Read and ordered to lie."[623] And so it did "lie,"

for that was the end of the matter.

Judge Sargent, who was chairman of the committee appointed on the 18th

of March, 1777, was doubtless the author of the following bill:--

"STATE OF MASSACHUSETTS BAY. IN THE YEAR OF OUR LORD, 1777.

"AN ACT for preventing the practice of holding persons in

Slavery.

"WHEREAS, the practice of holding Africans and the children

born of them, or any other persons, in Slavery, is

unjustifiable in a civil government, at a time when they are

asserting their natural freedom; wherefore, for preventing

such a practice for the future, and establishing to every

person residing within the State the invaluable blessing of

liberty.

"_Be it Enacted_, by the Council and House of

Representatives, in General Court assembled, and by the

authority of the same,--That all persons, whether black or

of other complexion, above 21 years of age, now held in

Slavery, shall, from and after the ---- day of ---- next, be

free from any subjection to any master or mistress, who have

claimed their servitude by right of purchase, heirship, free

gift, or otherwise, and they are hereby entitled to all the

freedom, rights, privileges and immunities that do, or ought

of right to belong to any of the subjects of this State, any

usage or custom to the contrary notwithstanding.

"_And be it Enacted_, by the authority aforesaid, that all

written deeds, bargains, sales or conveyances, or contracts

without writing, whatsoever, for conveying or transferring

any property in any person, or to the service and labor of

any person whatsoever, of more than twenty-one years of age,

to a third person, except by order of some court of record

for some crime, that has been, or hereafter shall be made,

or by their own voluntary contract for a term not exceeding

seven years, shall be and hereby are declared null and void.

"And WHEREAS, divers persons now have in their service

negroes, mulattoes or others who have been deemed their

slaves or property, and who are now incapable of earning

their living by reason of age or infirmities, and may be

desirous of continuing in the service of their masters or

mistresses,--_be it therefore Enacted_, by the authority

aforesaid, that whatever negro or mulatto, who shall be

desirous of continuing in the service of his master or

mistress, and shall voluntarily declare the same before two

justices of the County in which said master or mistress

resides, shall have a right to continue in the service, and

to a maintenance from their master or mistress, and if they

are incapable of earning their living, shall be supported by

the said master or mistress, or their heirs, during the

lives of said servants, any thing in this act to the

contrary notwithstanding.

"_Provided_, nevertheless, that nothing in this act shall be

understood to prevent any master of a vessel or other person

from bringing into this State any persons, not Africans,

from any other part of the world, except the United States

of America, and selling their service for a term of time not

exceeding five years, if twenty-one years of age, or, if

under twenty-one, not exceeding the time when he or she so

brought into the State shall be twenty-six years of age, to

pay for and in consideration of the transportation and other

charges said master of vessel or other person may have been

at, agreeable to contracts made with the persons so

transported, or their patents or guardians in their behalf,

before they are brought from their own country."[624]

On the back of the bill the following indorsement was written by some

officer of the Legislature: "Ordered to lie till the second Wednesday

of the next Session of the General Court." This might have ended the

struggle for the extinction of slavery in Massachusetts, had not the

people at this time made an earnest demand for a State constitution.

As the character of the constitution was discussed, the question of

slavery divided public sentiment. If it were left out of the

constitution, then the claims of the master would forever lack the

force of law; if it were inserted as part of the constitution, it

would evidence the insincerity of the people in their talk about the

equality of the rights of man, etc. The Legislature--Convention of

1777-78--prepared, debated, and finally approved and submitted to the

people, a draught of a constitution for the State, on the 28th of

February, 1778. The framers of the constitution seemed to lack the

courage necessary to declare in favor of the freedom of the faithful

blacks who had rendered such efficient aid to the cause of the

colonists. The prevailing sentiment of the people demanded an article

in the constitution denying Negroes the right of citizens. It may be

fortunate for the fame of the Commonwealth that the record of the

debates on the article denying Negroes the right of suffrage has not

been preserved. The article is here given:--

"V. Every male inhabitant of any town in this State, being

_free_, and twenty-one years of age, _excepting Negroes,

Indians and Mulattoes_, shall be intitled to vote for a

Representative or Representatives, as the case may be," etc.

By this article three classes of inhabitants were excluded from the

rights, blessings, and duties of citizenship; and the institution of

slavery was recognized as existing by sanction of law. But the

constitution was rejected by the people, by an overwhelming majority;

not, however, on account of the fifth article, but because the

instrument was obnoxious to them on general principles.

The defeat of the constitution did not temper public sentiment on the

question of Negro slavery, for the very next year the domestic trade

seemed to receive a fresh impetus. The following advertisements

furnish abundant proof of the undiminished vigor of the enterprise.

From "The Continental Journal," Nov. 25, 1779:--

"_To be_ SOLD A likely NEGRO GIRL, 16 years of Age, for no

fault, but want of employ."

From the same, Dec. 16, 1779:--

"_To be_ SOLD, A Strong likely NEGRO GIRL," etc.

From "The Independent Chronicle," March 9, 1780:--

"_To be_ SOLD, for want of employment, an exceeding likely

NEGRO GIRL, aged sixteen."

From the same, March 30 and April 6, 1780:--

"_To be_ SOLD, very Cheap, for no other Reason than for want

of Employ, an exceeding Active NEGRO BOY, aged fifteen.

Also, a likely NEGRO GIRL, aged seventeen."

From "The Continental Journal," Aug. 17, 1780:--

"_To be_ SOLD, a likely NEGRO BOY."

From the same, Aug. 24 and Sept. 7:--

"_To be_ SOLD or LETT, for a term of years, a strong,

hearty, likely NEGRO GIRL."

From the same, Oct. 19 and 26, and Nov. 2:--

"_To be_ SOLD, a likely NEGRO BOY, about eighteen years of

Age, fit for to serve a Gentleman, to tend horses or to work

in the Country."

From the same, Oct. 26, 1780:--

"_To be_ SOLD, a likely NEGRO BOY, about 13 years old, well

calculated to wait on a Gentleman. Inquire of the Printer."

"_To be_ SOLD, a likely young COW and CALF. Inquire of the

Printer."

"Independent Chronicle," Dec. 14, 21, 28, 1780:--

"A NEGRO CHILD, _soon expected, of a good breed_, may be

owned by any Person inclining to take it, and Money with

it."

"Continental Journal," Dec. 21, 1780, and Jan. 4, 1781:--

"_To be_ SOLD, a hearty, strong NEGRO WENCH, about 29 years

of age, fit for town or country."

From "The Continental Journal," March 1, 1781:--

"_To be_ SOLD, an extraordinary likely NEGRO WENCH, 17 years

old, she can be warranted to be strong, healthy and

good-natured, _has no notion of Freedom_, has been always

used to a Farmer's Kitchen and dairy, and is not known to

have any failing, but being with Child, which is the only

cause of her being sold."

It is evident, from the wording of the last advertisement quoted, that

the Negroes were sniffing the air of freedom that occasionally blew

from the victorious battle-fields, where many of their race had

distinguished themselves by the most intrepid valor. They began to get

"_notions of freedom_," and this depreciated their market value.

Dr. William Gordon, the steadfast, earnest, and intelligent friend of

the Negro, was deposed as chaplain of both branches of the Legislature

on account of his vehement protest against the adoption of the fifth

article of the constitution by that body. But his zeal was not thereby

abated. He continued to address able articles to the public, and

wrought a good work upon the public conscience.

In Virginia, notwithstanding Negroes were among the State's most

gallant defenders, a law was passed in October, 1776, "declaring

tenants of lands or slaves in taille to hold the same in fee simple."

Under the circumstances, after the war had begun, and after the

declaration by the State of national independence, it was a most

remarkable law.

"That any person who now hath, or hereafter may have, any

estate in fee taille, general or special, in any lands or

slaves in possession, or in the use or trust of any lands or

slaves in possession, or who now is or hereafter may be

entitled to any such estate taille in reversion or

remainder, after the determination of any estate for life or

lives, or of any lesser estate, whether such estate taille

hath been or shall be created by deeds, will, act of

assembly, or by any other ways or means, shall from

henceforth, or from the commencement of such estate taille,

stand _ipso facto_ seized, possessed, or entitled of, in, or

to such lands or slaves, or use in lands or slaves, so held

or to be held as aforesaid, in possession, reversion, or

remainder, in full and absolute fee simple, in like manner

as if such deed, will, act of assembly, or other instrument,

had conveyed the same to him in fee simple; any words,

limitations, or conditions, in the said deed, will, act of

assembly, or other instrument, to the contrary

notwithstanding."[625]

But the valor of the Negro soldier had great influence upon the public

mind, and inspired the people in many of the States to demand public

recognition of deserving Negroes. It has been noted already, that in

South Carolina, if a Negro, having been captured by the enemy, made

good his escape back into the State, he was emancipated; and, if

wounded in the line of duty, was rewarded with his freedom. Rhode

Island purchased her Negroes for the army, and presented them with

fifty dollars bounty and a certificate of freedom at the close of the

war. Even Virginia, the mother of slavery, remembered, at the close of

the war, the brave Negroes who had fought in her regiments. In

October, 1783, the following Act was passed emancipating all slaves

who had served in the army with the permission of their masters. It is

to be regretted, however, that _all_ slaves who had served in the army

were not rewarded with their freedom.

"I. WHEREAS it hath been represented to the present general

assembly, that during the course of the war, many persons in

this state had caused their slaves to enlist in certain

regiments or corps raised within the same, having tendered

such slaves to the officers appointed to recruit forces

within the state, as substitutes for free persons, whose lot

or duty it was to serve in such regiments or corps, at the

same time representing to such recruiting officers that the

slaves so enlisted by their direction and concurrence were

freemen; and it appearing further to this assembly, that on

the expiration of the term of enlistment of such slaves that

the former owners have attempted again to force them to

return to a state of servitude, contrary to the principles

of justice, and to then own solemn promise.